R v Harding CA289/04

In the Court of Appeal of New Zealand, the appellant, Taupaki Anthony Harding, was convicted of various charges including unlawful interference with a motor vehicle, possession of instruments for conversion of a motor vehicle, burglary, theft of a motor vehicle, and receiving a motor vehicle. The appellant pleaded guilty to the charges which represented offending committed over a three-month period in Palmerston North and Napier. The primary legal issue before the Court was whether the total sentence of six years imprisonment was manifestly excessive. The appellant argued that the starting point of six years for the pharmacy burglaries was erroneous, that the discount given for his guilty pleas and co-operation was insufficient, and that there was a retrospective element to the sentence.

The Court found that the starting point of six years for the pharmacy burglaries was appropriate given the degree of criminality involved. The Court emphasised the need to protect the public from repeat burglars who show no respect for the privacy and security of others. The Court also found that the appellant's co-operation did not significantly contribute to solving the crimes, as he was already the prime suspect. The discount given for the appellant's guilty pleas and co-operation was within the Judge's discretion and the Court saw no reason to depart from it. The Court concluded that neither the starting point nor the end point of the sentence were manifestly excessive.

The appeal was dismissed. The Court upheld the sentence of six years imprisonment imposed by the High Court.