Pritchard v The Queen

[2021] NZHC 1562

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-404-000135

[2021] NZHC 1562

BETWEEN

JADE PRITCHARD

Appellant

AND

THE QUEEN

Respondent

Hearing:	14 June 2021
Counsel:	CA Oxnam for Appellant HT Reid for Respondent
Judgment:	29 June 2021

JUDGMENT OF DOWNS J

This judgment was delivered by me on Tuesday, 29 June 2021 at 10 am.

Registrar/Deputy Registrar

Solicitors:

Crown Solicitor, Auckland.

Public Defence Service, Auckland.

PRITCHARD v R [2021] NZHC 1562 [29 June 2021]

The appeal

[1]    Jade Pritchard robbed three banks. He pleaded guilty shortly before trial.1 Judge E M Aitken sentenced Mr Pritchard to a 27-month term of imprisonment.2     Mr Pritchard appeals. He contends the sentence is manifestly excessive. The Crown contends Mr Pritchard is fortunate the sentence was not more severe.

Background

[2]The offending occurred between 22 June and 13 July 2018.

[3]    At 12.30 pm on 22 June 2018, Mr Pritchard approached the counter of the Kiwibank Post Shop in Glenmall, Glen Eden. Mr Pritchard gave a note to the teller. The note demanded all the money from the till, said he had a gun and a grenade, and that if the teller did not comply within 30 seconds, he would kill everyone in the bank. The teller gave Mr Pritchard approximately $1,000 in cash. Mr Pritchard then ran from the bank.

[4]    At 2 pm on 1 July 2018, Mr Pritchard approached the counter of the ANZ bank in the West City shopping centre, Henderson. He gave a note to the teller like that used in the first robbery.3 Mr Pritchard lifted his jacket to show the butt of a pistol. The teller gave Mr Pritchard approximately $1,000 in cash. Mr Pritchard also ran from this bank.

[5]    At 3.10 pm on 13 July 2018, Mr Pritchard approached the counter of the BNZ bank in Universal Drive, Henderson. Mr Pritchard gave a note to the teller, who unlike the previous tellers, did not read it. Mr Pritchard lifted his jacket to show a black pistol. He told the teller to read the note, who did. He then gave Mr Pritchard approximately $13,000. Mr Pritchard fled.

[6]    On 14 July 2018, Mr Pritchard bought a used white BMW, in part with the proceeds of the offending.

1      To two offences of aggravated robbery, and one of robbery. Aggravated robbery is punishable by a maximum penalty of 14 years’ imprisonment; robbery, 10 years’ imprisonment.

2      R v Pritchard [2021] NZDC 3396.

3      The summary of facts implies this note did not refer to a grenade.

[7]    Mr Pritchard was charged almost immediately: 16 July 2018. He pleaded guilty 11 September 2020, three days before his trial was to begin.

[8]    Mr Pritchard acted alone throughout. Somewhat unusually, he made no attempt to conceal his identity.

Sentencing

[9]    The offence of aggravated robbery is governed by the Court of Appeal’s judgment in R v Mako.4 Mr Pritchard’s offending did not cleanly fit the judgment, something the Judge…