IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY
CRI-2011-032-000640 [2012] NZHC 2124
THE QUEEN
v
WILLIAM ROBERT HARTLEY
Counsel: M G Sinclair for Crown
M R Bott for Accused
Sentence: 22 August 2012
NOTES ON SENTENCE OF COLLINS J
Introduction
[1] Mr Hartley, you appear for sentencing today having been found guilty by a jury of two charges of using a firearm against a member of the police.[1] This charge carries a maximum penalty of 14 years’ imprisonment.
[1] Crimes Act 1961, s 198A(1).
[2] I note at the outset that the verdict of the jury on those two counts was the only verdict that was reasonably available on the evidence at trial.
Circumstances of the offending
[3] The circumstances of your offending were as follows.
R V HARTLEY HC PMN CRI-2011-032-000640 [22 August 2012]
[4] On 14 February 2011, you assaulted your partner in Levin, but you were unable to be located at the time.
[5] At about 1.00am on the morning of 24 February 2011, the police went to your address. You had been told the police were looking for you, and you saw the police arrive at the address on a CCTV system.
[6] When the police arrived at your address, they could see you were inside the house. They knocked on the door and announced their presence. At this point, one of your associates became obstructive and he was arrested. You retreated to a bedroom at the rear of the house.
[7] The police made their way to the bedroom and spoke to you through the door. They asked you to come out. You barricaded yourself in the bedroom, blocking the door with furniture. The police attempted to negotiate with you, but this failed. The police then managed to force their way into the bedroom.
[8] The first police officer, Constable Moore, entered the bedroom by climbing over the furniture used to block the door. The second police officer, Constable Watkin, stood at the door way. As Constable Moore entered the room, you picked up a loaded .44 rifle from inside a closet. The rifle was cocked and ready to fire.
[9] You presented the rifle directly at Constable Moore. You shouted that you had a firearm and to get out. You then pointed the rifle at Constable Watkin who had entered the room and was facing away from you, about one to one and a half metres away. You presented the rifle in a manner that indicated you might shoot Constable Watkin. Constable Watkin immediately drew his firearm and shot you twice, in the hand and in the arm. You were disarmed and you were subsequently transported to hospital for medical treatment.
[10] A check of the rifle confirmed that it was loaded with one round in the breach, and seven further rounds in the magazine. Two of the rounds were flat
headed and soft tipped which upon penetration cause significant harm. There was no safety catch on the rifle.
[11] When spoken…
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- R v Hartley [2012] NZHC 2124
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- [2012] NZHC 2124
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were to determine the appropriate starting point for the sentence, considering the nature and seriousness of the offence, and then to weigh any aggravating and mitigating factors relevant to Hartley's personal circumstances. The court needed to balance the purposes of sentencing, which include holding the offender accountable, denouncing the offending, deterring the offender and others from similar conduct, and protecting the community.
The court found that using a firearm against a police officer is a serious offence that requires a significant deterrent sentence. The court adopted a starting point of four years' imprisonment, acknowledging the pre-meditated nature of the offence and its severe impact on the police officers involved. The court also considered Hartley's extensive criminal history, which showed a disregard for law enforcement and a propensity for violence, as an aggravating factor, warranting an uplift of four months. However, the court recognised Hartley's remorse and immediate apology to the police as a mitigating factor, which also warranted a four-month discount. Ultimately, these factors neutralised each other, leading the court to impose a sentence of four years' imprisonment. The court also ordered the destruction of the firearm used in the offending and remitted all outstanding fines. Hartley was also given a first strike warning under s 86B of the Sentencing Act 2002.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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