R v Anderson CA305/05

Brad Marc Alan Anderson appeals against a sentence of two years and eight months imprisonment imposed by Judge Nicola Mathers in the District Court at Auckland. The appellant entered guilty pleas to various charges, including receiving stolen vehicles, aggravated assault, intentional damage, and reckless driving. The appellant argues that the sentence fails to account for a period spent on interim recall and is excessive. The Crown contends that the sentence imposed was not manifestly excessive and that there is no basis for an allowance for the period spent on recall. The court must decide whether the sentence imposed was manifestly excessive and whether the sentence failed to take into account the period spent on interim recall.

The Court of Appeal found that the starting point of three and a half years adopted by the sentencing Judge was appropriate in all the circumstances. The discount of almost 25% allowed for the late guilty plea was generous. The period spent in custody on interim recall related to the previous sentence for which the appellant was recalled, and did not count towards the sentence imposed by Judge Mathers. The nature and extent of the offending, along with the appellant’s previous serious offending, justified the starting point of three and a half years, the discount, and the end sentence of two years and eight months. The appeal was dismissed.

The Court of Appeal dismissed the appeal, and the sentence of two years and eight months imprisonment imposed by Judge Nicola Mathers in the District Court at Auckland stands. The Court found that the sentence was not manifestly excessive and that there was no basis for the sentence to be disturbed.