Rawlings v The the Queen - [2022] NZHC 879

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2022-409-3

CRI-2022-409-4 [2022] NZHC 879

BETWEEN
JOSHUA ADAM RAWLINGS

Appellant

AND

THE QUEEN

Respondent

Hearing: 28 April 2022

Appearances:

K White for Appellant

G Alloway for Respondent

Judgment:

28 April 2022

ORAL JUDGMENT OF OSBORNE J

RAWLINGS v R [2022] NZHC 879 [28 April 2022]

Introduction

[1] Mr Joshua Rawlings was sentenced1 by Judge Garland to 29 and a half months’ imprisonment on charges of wilful damage,2 common assault,3 unlawful possession of ammunition,4 contravening a protection order5 and failing to comply with a protection order.6

[2] Mr Rawlings seeks leave to appeal the sentence on the basis it was manifestly excessive.

Leave to appeal

[3] Leave to appeal out of time will be granted. The modest lateness of the filing of the appeal was caused partly by Mr Rawlings’ imprisonment and partly by the occurrence of the Christmas vacation. Leave is justified.

Facts — using a document charge

[4] The police summary of facts stated the victim in relation to the use of a document for pecuniary advantage left their bag unattended at the Margaret Mahy Playground. It was subsequently taken. It contained the victim’s debit card. Between 1:32 pm and 1:50 pm on Wednesday 1 January 2020, Mr Rawlings used the card seven separate times at two service stations and at an ATM machine to obtain sundry items and cash totalling $1,558.50.

Ammunition and non-compliance charges

[5] Mr Rawlings is the respondent to a final protection order issued in December 2012. His ex-partner is the victim and the protected person under that order. Under the order, he was not to possess or control any weapon.

1      Police v Rawlings [2021] NZDC 21606.
2      Summary Offences Act 1981, s 11(1)(a); maximum penalty three months’ imprisonment.
3      Crimes Act 1961, s 196; maximum penalty one years’ imprisonment.
4      Arms Act 1983, s 45(1); maximum penalty four years’ imprisonment.
5      Family Violence Act 2018, ss 90(a), 9 and 112(1)(a); maximum penalty three years’ imprisonment.
6      Family Violence Act, ss 98, 9 and 112(1)(b); maximum penalty three years’ imprisonment.

[6] The Crown summary of facts stated that, on 5 April 2020, Mr Rawlings left his home address in Aranui at approximately 11:00 am. Police attended the address at that time for an unrelated matter. They located a .177 calibre air pistol and eight .22 calibre bullets. Mr Rawlings did not possess a firearms licence. That meant that he was not complying with the protection order and that he was also unlawfully in possession of ammunition.

Assault damage and contravention charges

[7] On 15 October 2020, at approximately 3:00 pm, Mr Rawlings was asleep on the victim’s couch at an address in Woolston. She woke him and asked him to leave. He became aggressive and refused. He pulled her to the ground by her hair then punched her with a closed fist in the back of her head, leaving her dizzy on the floor. He put his…

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 Rawlings v The the Queen

Details

AGLC: Rawlings v The the Queen [2022] NZHC 879
Case: [2022] NZHC 879
Decision Date: 28 April 2022

CaseChat Overview and Summary

Joshua Adam Rawlings was sentenced by Judge Garland to 29 and a half months’ imprisonment on various charges, including wilful damage, common assault, unlawful possession of ammunition, and contravention and non-compliance with a protection order. Rawlings sought leave to appeal his sentence, arguing it was manifestly excessive. The court granted leave to appeal out of time, acknowledging that the lateness was partly due to Rawlings' imprisonment and the occurrence of the Christmas vacation. The court considered the starting point for the lead charges of assault, damage, and contravention, as well as the ammunition and non-compliance charges, and the representative charge of using a document dishonestly. The court found the starting point for the lead charges to be within range, but the uplift for personal aggravating factors was excessive. The court accepted the need for a discount based on Rawlings' personal circumstances, particularly his ADHD condition and experiences as a child witnessing adult abuse. The court also considered the evidence of the psychologist and found a 15 per cent discount to be appropriate. The court found the uplift for the remittance of Rawlings' fines was excessive and imposed a two-month uplift instead. The court concluded that the sentence imposed (29 and a half months’ imprisonment) was manifestly excessive, and the appeal was allowed. Rawlings was in lieu sentenced to terms of imprisonment to be served concurrently on the various charges. The reparation order and the forfeiture order made by the District Court were confirmed to stand. The court imposed release conditions for Rawlings' release, including attending and completing an appropriate programme to address family violence issues and any other intervention to address offending needs, as directed by a Probation Officer. The court also directed that Rawlings was not to associate with or contact the victim of his offending without the prior written approval of a Probation Officer.

Orders