Reed v Police - [2016] NZHC 3097

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2016-409-000115

CRI-2016-409-000116 [2016] NZHC 3097

BETWEEN
CHEYENNE DESTINY JADE REED

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 6 December 2016

Appearances:

K Gray for the Appellant
D J Matthews & P A Norman for the Respondent

Judgment:

16 December 2016

JUDGMENT OF NATION J

[1] On the night of 7 May 2016, the appellant (Mr Reed) was on the grounds of St Margaret’s Presbyterian Church in Christchurch. He entered the hall at the rear of the main building by breaking a window and climbing through it. Upon making entry into the hall, Mr Reed proceeded to break an internal glad door and gained entry into an audiovisual room. He then uplifted a number of items, including a computer and a sound mixer, and removed them from the building.

[2] A week later, on 15 May, Mr Reed once again entered the grounds of St Margaret’s Presbyterian Church. He removed a number of items, including sound equipment and speakers, and took them to his home. He then returned to the church, located a bag inside the building, set fire to it and placed it on the carpeted floor. He exited the building and returned home. After a period of time, Mr Reed heard a loud bang come from the church at which point he woke up his flatmates and accompanied them to the church. By the time he returned to the church it was fully
engulfed in flames. The church suffered extensive fire damage.

REED v POLICE [2016] NZHC 3097 [16 December 2016]

[3] At the time of the arson and burglaries, Mr Reed was on bail on charges of theft of a motor vehicle, possession of a knife in a public place and shoplifting at a Farmers store in the Northlands Shopping Centre.

[4] On 14 September 2016, Mr Reed received an effective sentence for this offending of six years by way of concurrent sentences as follows:1

· arson – six years’ imprisonment

· burglary – two years’ imprisonment

· receiving - three months’ imprisonment

· theft of the motor vehicle - 18 months’ imprisonment

· theft by shoplifting – one month imprisonment

· possession of the knife - one month imprisonment

· breach of bail – one month imprisonment. [5] Mr Reed appeals against those sentences.

Jurisdiction

[6] Mr Reed appeals as of right.2 Pursuant to s 250 of the Criminal Procedure Act 2011, the appeal must only be allowed if the Court is satisfied that there is an error in the sentence imposed and a different sentence should be imposed.3 If either element is not satisfied, the appeal court must dismiss the appeal.

[7] If the sentence under appeal may be properly justified having regard to the relevant sentencing principles, it is not the place of this Court to intervene and
substitute its own views for those of the sentencing Judge. It is only if the sentence

1 R v Reed [2016] NZDC 18015.
2 Criminal Procedure Act 2011,…

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 Reed v Police

Details

AGLC: Reed v Police [2016] NZHC 3097
Case: [2016] NZHC 3097
Decision Date: 16 December 2016

CaseChat Overview and Summary

Cheyenne Destiny Jade Reed appeals against his sentence of six years’ imprisonment for arson, burglary, receiving, theft of a motor vehicle, theft by shoplifting, possession of a knife and breach of bail. The appeal was allowed as of right. The appeal must only be allowed if the Court is satisfied that there is an error in the sentence imposed and a different sentence should be imposed. The first ground of appeal was that the starting point of seven years and six months for the charge of arson was too high. The court rejected this ground of appeal finding that the Judge arrived at a starting point of seven years and six months to reflect Reed’s culpability with regard to all the offending. The second ground of appeal was that there was inadequate recognition for remorse. The court rejected this ground of appeal finding that the Judge was entitled to consider the suggested indications of remorse in the context of the actual offending and how it occurred. The appeal was dismissed.

Orders