R v Higgins - [2024] NZHC 3500

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CRI-2024-019-000222

[2024] NZHC 3500

THE KING

v

FINN ALEXANDER HIGGINS

Hearing: 21 November 2024

Appearances:

J Hamilton and K Dillon for the Crown C D Bean for the Defendant

Sentencing:

21 November 2024

SENTENCING NOTES OF VAN BOHEMEN J

Counsel/Solicitors:
Crown Solicitor, Hamilton C D Bean, Hamilton

R v HIGGINS [2024] NZHC 3500 [21 November 2024]

[1] Finn Higgins, you appear today for sentencing having pleaded guilty to two charges of threatening to kill,1 and one charge each of wounding with intent to cause grievous bodily harm,2 assault with intent to injure,3 dangerous driving4 and failing to stop or ascertain injury.5

[2] Sentencing is a formal process that takes some time. That is because I must explain the reasons for the sentence I am to impose. You and all the people in Court, and any court that reviews this decision, must know the basis upon which I have imposed the sentence.

[3]This is the process I will follow:

(a)First, I will outline the circumstances of your offending.

(b)Secondly, I will consider your personal circumstances as they have been put before the Court.

(c)Thirdly, I will explain the approach to setting the sentence and discuss the requirements of the Sentencing Act 2002 as they apply in this case and in accordance with decisions of the Court of Appeal and the High Court.

(d)Finally, I will determine and impose the sentence I consider appropriate.

The offending

[4] Mr Higgins, on 13 December 2023, you visited Wheelie Bin Services at 39 Mowatt Street, Waharoa and signed a 12-month contract for a wheelie bin rubbish collection service.

1      Crimes Act 1961, s 306(1)(a). Maximum penalty seven years’ imprisonment.
2      Crimes Act, s 188(1). Maximum penalty 14 years’ imprisonment.
3      Section 193. Maximum penalty three years’ imprisonment.
4      Land Transport Act 1998, s 35(1)(a). Maximum penalty three months’ imprisonment or a fine not exceeding $4,500 and six months’ disqualification.
5      Land Transport Act, s 36(1)(c). Maximum penalty five years’ imprisonment or a fine not exceeding $20,000 and 12 months’ disqualification.

[5] About a month later, on 10 January 2024, you returned to Wheelie Bin Services and told the receptionist, Janice Peters, that you no longer wanted the rubbish collection service because of financial constraints and that you wanted a refund. Ms Peters explained that she was not authorised to approve a refund and that you would have to come back the next day to speak with her supervisor.

[6] The next day, you returned to Wheelie Bin Services at approximately midday. You had two children with you, including an infant child in your arms. Ms Peters advised that you had just missed her supervisor who had left the office.

[7] You began to scream and shout at Ms Peters and became very aggressive, telling Ms Peters and Brenna Anderson, another employee, that you were going to murder them. You repeated the threat several times while making gang signs…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Higgins

Details

AGLC: R v Higgins [2024] NZHC 3500
Case: [2024] NZHC 3500
Decision Date: 21 November 2024

CaseChat Overview and Summary

The High Court of New Zealand, Hamilton Registry, dealt with the case of R v Higgins, where Finn Alexander Higgins was sentenced for multiple charges including threatening to kill, wounding with intent to cause grievous bodily harm, assault with intent to injure, dangerous driving, and failing to stop or ascertain injury. Higgins had pleaded guilty to these charges and the court was tasked with determining an appropriate sentence. The legal issues involved determining the appropriate starting point for sentencing, considering both the gravity of the offending and personal mitigating factors, and ensuring the sentence met the purposes of the Sentencing Act 2002.

The court began by outlining the circumstances of Higgins' offending, which included an aggressive confrontation at Wheelie Bin Services, followed by dangerous driving that resulted in the severe injury of a roadworker. The court considered the serious impact on the victims, including the victim's extensive injuries and ongoing recovery. The personal circumstances of Higgins, including his history of violent offending, substance abuse, and expressed remorse, were also examined. The court noted that while Higgins had shown some insight into his issues, he had not engaged in any rehabilitative programs.

The court determined the starting point for sentencing based on the most serious charge of wounding with intent to cause grievous bodily harm, placing the offending within band two of the sentencing guidelines provided by the Court of Appeal in R v Taueki. The court accepted the Crown's argument that the offending involved extreme violence and serious injury, leading to a starting point of seven years and nine months' imprisonment. After considering personal mitigating factors such as Higgins' young child and his expressed remorse, the court applied a net discount of 22 per cent, resulting in an effective sentence of six years and one month. The court also imposed a two-year disqualification from driving.

The final orders included a six-year and one-month term of imprisonment for wounding with intent to cause grievous bodily harm, two years for each charge of threatening to kill, and one year for each of the charges of assault with intent to injure, dangerous driving, and failing to stop or ascertain injury, all to be served concurrently. Additionally, Higgins was disqualified from driving for two years following his release from prison. The remaining charges against Higgins were discharged.

Orders