IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
CRI 2013-412-36
CRI 2013-412-37 [2014] NZHC 1065
BETWEEN JASON SAMUEL GIDEON
Appellant
AND
NEW ZEALAND POLICE AND DEPARTMENT OF CORRECTIONS COMMUNITY PROBATION SERVICE Respondents
Hearing: 8 May 2014
(via audio-visual link)
Appearances:
S G Vidal for Appellant
R P Bates for RespondentsJudgment:
21 May 2014
JUDGMENT OF MANDER J
Introduction
[1] This is an appeal from a sentence imposed by Judge Crosbie of 18 months imprisonment for the unlawful taking of a motor vehicle and breach of release conditions. The appellant argues that the sentence is manifestly excessive.
Factual background
[2] On the night of 15 October 2013, the appellant approached a vehicle parked in Leith Street, Dunedin. After gaining entry, the appellant used a screwdriver to break the lock and start the motor vehicle. On 18 October, the appellant was stopped on the highway between Cromwell and Queenstown. When initially spoken to by the Police, the appellant claimed that he had purchased the vehicle, although
subsequently he admitted he had stolen it some three days previous in Dunedin. In
GIDEON v NEW ZEALAND POLICE & ANOR [2014] NZHC 1065 [21 May 2014]
explanation the appellant stated he needed a vehicle to get to a job interview in
Central Otago.
District Court Judge’s sentencing remarks
[3] In sentencing the appellant, Judge Crosbie noted that the offence of unlawfully taking a motor vehicle carries a maximum penalty of seven years and is considered a relatively serious offence. While not as serious as burglary, the Judge observed the importance and value of motor vehicles to most people and the impact of such offending on a victim.
[4] The learned District Court Judge observed the difficulty at times to distinguish between the theft of a motor vehicle and the charge of unlawfully taking. In the present circumstances it was apparent that the appellant intended to retain the vehicle both in order that he could get to his work in Central Otago and for the purpose of his continued employment. A comparison was made with burglaries relating to “bland industrial commercial type properties” which attract sentences of around 12 to 18 months, whereas sentences are higher for domestic burglaries. The seven year maximum for unlawfully taking a motor vehicle was considered in that context.
[5] The District Court noted the damage done to the vehicle and that the offence was committed at a time when the appellant was subject to release conditions. The Judge took a starting point of 12 months imprisonment to which he added a further 3 months for the separate breach of release conditions charge. In that regard, Judge Crosbie noted the need to take into account the totality principle and considered the breach represented separate offending.
[6] On top of the 15 months, it appears on the face of the sentencing notes that a further 3 months were added for what the Judge considered to be the aggravating feature of the unlawful taking having occurred while the appellant was subject…
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- AGLC
- R v Taylor [2014] NZHC 1165
- Case
- [2014] NZHC 1165
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the offence and the impact on the owner of the vehicle, as well as the appellant's history of dishonesty. The court found that the starting point of 12 months imprisonment was less than 15% of the maximum available and was appropriate given the circumstances. However, the court found that the uplift of 9 months for prior convictions was excessive and reduced it to 5 months. The court also found that the breach of release conditions should not have been counted twice, and that the sentence should be reduced to 15 months imprisonment. The appeal was allowed in part, and the sentence was substituted to 15 months imprisonment.
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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