IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2025-409-144
[2025] NZHC 2332
BETWEEN JONATHAN JAMES RANDALL
Appellant
AND
THE KING
Respondent
Hearing: 14 August 2025 Appearances:
T Aickin for Appellant
C M Hallaway for Respondent
Judgment:
18 August 2025
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 18 August 2025 at 2.15 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
RANDALL v R [2025] NZHC 2332 [18 August 2025]
Introduction
[1] Jonathan James Randall pleaded guilty to possession of a Class A controlled drug for supply (namely methamphetamine)1 and possession of a pipe.2 On 21 May 2025, Judge Neave sentenced Mr Randall to three years’ imprisonment.3 He now appeals this sentence on the ground the Judge erred by not taking into account the time spent on electronically-monitored bail (EM bail).
District Court decision
[2] In sentencing Mr Randall on the charges, the Judge adopted a starting point of four years’ imprisonment. Deductions of 15 per cent were given for guilty pleas, 10 per cent for background factors including addiction, and 15 per cent for the breach of his rights given the search which located the evidence giving rise to the charges “to some extent, was illegal.”4 The Judge also adopted a 15 per cent uplift to reflect the appellant’s history of previous offending. The end sentence imposed was three years’ imprisonment.
Principles on appeal
[3] Appeals against sentence are allowed as of right by s 244 of the Criminal Procedure Act 2011 and must be determined in accordance with s 250. An appeal against sentence may be allowed by this Court only if it is satisfied that there has been an error in the imposition of the sentence and that a different sentence should be imposed.5 As the Court of Appeal observed in Tutakangahau v R, with reference to the lower court’s decision, a “court will not intervene where the sentence is within the range that can properly be justified by accepted sentencing principles”.6 It is appropriate for this Court to intervene and substitute its own views only if the sentence being appealed is “manifestly excessive” and not justified by the relevant sentencing principles.7
1 Misuse of Drugs Act 1975, s 6(1)(f); maximum penalty life imprisonment.
2 Section 13(1)(a) and (3); maximum penalty one year’ imprisonment.
3 R v Randall [2025] NZDC 11382.
4 At [15].
5 Criminal Procedure Act 2011, ss 250(2) and 250(3).
6 Tutakangahau v R [2014] NZCA 279, [2014] 3 NZLR 482 at [36].
7 Ripia v R [2011] NZCA 101 at [15].
Submissions
Appellant’s submissions
[4] The sole ground of appeal advanced by counsel for the appellant, Ms Aickin, concerns the failure by the sentencing Judge to take into account the time Mr Randall spent on EM bail. She explains that, according to the District Court records, the appellant was on EM bail between 14 December 2022 and 6 March 2024, 7 May 2024 and 24 June…
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