IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE
CRI-2022-443-000059
[2022] NZHC 3450
MATTHEW ROSS RATU v
NEW ZEALAND POLICE
Hearing: 14 December 2022 Appearances:
J C Hannam for Mr Ratu
R L Hicklin for New Zealand Police
Judgment:
15 December 2022
JUDGMENT OF COOKE J
(Sentence appeal)
[1] Matthew Ross Ratu, seeks to appeal his sentence of 19 months’ imprisonment on charges of unlawful possession of restricted weapon (a taser),1 possession of cannabis,2 and driving while suspended (third or subsequent).3
Background
[2] I take the background of the offending from the sentencing notes of Judge Grieg,4 as well as a minute of the trial Judge, Judge Kellar.5
1 Arms Act 1983, s 45(1); maximum penalty of four years’ imprisonment or a $5,000 fine or both.
2 Misuse of Drugs Act 1975, s 7(1)(a) and (2); maximum penalty of three months’ imprisonment or
$500 fine or both.
3 Land Transport Act 1998, s 32(1)(c) and (4); maximum penalty of two years’ imprisonment or
$6,000 fine, and disqualification from holding or obtaining a driver licence for one year.
4 New Zealand Police v Matthew Ross Ratu [2022] NZDC 22369.
5 New Zealand Police v Matthew Ross Ratu CRI-2021-043-001218 [Minute of Judge Kellar].
RATU v NEW ZEALAND POLICE [2022] NZHC 3450 [15 December 2022]
[3] On 28 July the appellant was suspended from driving for excess demerit points until 27 October 2021. On 21 August he was found driving a vehicle on Devon Road in New Plymouth at around 2:09 pm. He was stopped for speeding. In explanation the appellant said he was taking his partner to the hospital she was having stomach pains, but the police noted he was heading in the wrong direction.
[4] Later that day at 5.55 pm the appellant was stopped in a car in Stratford. The officer who stopped him noticed a taser lying next to his feet in the front footwell. The officer saw the appellant trying to hide the taser. The car was subsequently searched and amongst other items, 35.65 grams of cannabis was found on him.
[5] At his judge-alone trial the appellant entered a guilty plea and was convicted for the charge relating to the possession of cannabis.6 He also pleaded guilty to one charge of driving while his driver’s licence was suspended.7 After the prosecution had called evidence the appellant also then entered a guilty plea on the charge of possessing the taser.8 The other charge was dismissed. In his minute Judge Kellar recorded that there was compelling evidence that the appellant was in possession of a taser. The Judge also recorded the appellant’s counsel accepted that “the evidence established Mr Ratu was in possession of the object, knew what it was, had control over it, intended to exercise control over it”.9 At the same time the Judge found that there was no evidence to establish the other charge of possession of knuckle dusters.
[6] Judge Kellar remanded the appellant for sentence.10…
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- AGLC
- Ratu v Police [2022] NZHC 3450
- Case
- [2022] NZHC 3450
- Decision Date
CaseChat Overview and Summary
The Court considered the appellant's arguments and found that the sentencing Judge did not err in his understanding of the facts. The summary of facts was consistent with the more detailed description provided by the trial Judge. The Court also found that the Judge's decision to reject home detention was influenced by the appellant's previous convictions and breaches of court sentences. However, the Court considered the appellant's personal circumstances, including his recent family developments and the recommendation of the pre-sentence report, and found that home detention was the most appropriate sentence for this case.
The Court allowed the appeal and commuted the sentence to nine months' home detention, with special conditions including attending a drug and alcohol programme at the direction of a Probation Officer. The Court took into account the one month already served by the appellant. The special conditions recommended in the pre-sentence report will also apply, with the additional condition concerning the assessment by psychologists.
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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