IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI 2013-485-21 [2013] NZHC 1113
DANIEL JAMES RATTIGAN
Appellant
v
NEW ZEALAND POLICE
Respondent
Hearing: 14 May 2013
Counsel: B Crowley for the Appellant
S McClean for the Respondent
Judgment: 15 May 2013
JUDGMENT OF MALLON J
Introduction
[1] Mr Rattigan is homeless. He is 23 years old. He has many convictions and Youth Court appearances. The matters before me relate to his latest set of offending. He appeals against a sentence of imprisonment of two years one month imposed by the District Court for this offending. The Crown agrees that this sentence is manifestly excessive. The only issue is what the proper sentence should have been. The defence says that the overall end sentence should have been 12 months’ imprisonment, whereas the Crown says it should have been 18 months’
imprisonment.
RATTIGAN v NEW ZEALAND POLICE HC WN CRI 2013-485-21 [15 May 2013]
[2] I am allowing the appeal. The effective overall sentence will be a term of
14 months’ imprisonment. The sentences that make up that overall term are those set out at the end of this judgment.
The offending
[3] The sentences that are the subject of this appeal fall into three groups of offending as follows:
(a) Breach of release conditions (x 3): On 8 October 2012 Mr Rattigan was released from prison on conditions following his convictions for threatening to kill, presenting a firearm, burglary, theft, possessing instruments for conversion and breach of release conditions. The three charges of breach of release conditions arose from Mr Rattigan failing to report to probation as directed (19 October 2012), failing to attend alcohol and drug treatment as per his special condition (30 October 2012) and failing to notify probation of a change in his address (24 December 2012).
(b)Unlawfully interfering with a vehicle: This charge arose in the following circumstances. A car was stolen on 3 November 2013. Entry to the car was initially gained by the smashing of a window. The car was parked in a car park. Mr Rattigan entered the car, took the key from the ignition and slept in it overnight. He was found by the police the next morning sleeping in the back seat.
(c) Incident on 16 February 2013: The other charges arose from an incident on 16 February 2013. The police were called to a disturbance at another address. The police spoke to Mr Rattigan as part of their inquiries. They realised that there was a warrant out for his arrest and advised him that he was under arrest. Mr Rattigan swore at a police officer and struggled with the police as they attempted to restrain him. He also spat in the face of a female officer (but missed). He was also searched and several items were located on him:
(i)a large knife about 20 cm long and an air pistol were located down Mr Rattigan’s trousers;
(ii) a further air pistol was located in his backpack;
(iii)a PlayStation console and…
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- Case
- [2013] NZHC 1113
- Decision Date
CaseChat Overview and Summary
The High Court found that the District Court judge's approach of cumulative sentences for the three groups of charges was appropriate. The Court agreed with the defence that the starting point for the first group of offending should have been three months' imprisonment, rather than six months as indicated by the District Court judge. For the second group of charges relating to interference with a motor vehicle, the Court found that a sentence of no more than one month’s imprisonment was appropriate. The Court agreed with the Crown that the appropriate starting point for the third group of charges was 15 months’ imprisonment. Considering the appropriate uplift for previous convictions, adjustment for totality, and discount for early guilty pleas, the Court found that the overall end sentence should have been 14 months’ imprisonment.
The Court allowed the appeal and quashed the original sentence, replacing it with a sentence of 14 months’ imprisonment, allocated as follows: 14 months for possession of an offensive weapon, 14 months each for unlawful possession of a firearm (x 2), one month for dishonestly and without claim of right getting into a motor vehicle, one month for resisting the police, one month for common assault, and three months for receiving stolen property. The Court also imposed conditions for six months after the sentence expiry date, including attending and completing an alcohol and other drug assessment, and a psychological assessment, to the satisfaction of the Probation Officer and service provider.
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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