IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2015-409-000024 [2015] NZHC 1069
BETWEEN SHANNON REEDY
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 19 May 2015 Appearances:
N J Hansen for Appellant
S E Burdes for RespondentJudgment:
19 May 2015
JUDGMENT OF DUNNINGHAM J
[1] Mr Reedy appeals against his sentence of two years, three months’ imprisonment on one charge of male assaults female and one of possession of cannabis for supply.1
[2] The appeal is advanced on the basis that the uplift for previous convictions was too high. If this argument is accepted, Mr Reedy’s lawyer, Ms Hansen, says that it will take the sentence to the point where home detention can be considered. If this is the case, it is argued that home detention would be appropriate. The Crown opposes.
The offending
[3] I do not need to detail the offending in full. Suffice to say that on
4 December 2014, Mr Reedy was issued with a police safety order arising from a domestic incident with his then partner. The order was to endure for a period of five
days. However, two days later, a verbal altercation ensued between Mr Reedy and
1 Police v Reedy [2015] NZDC 4541.
REEDY v NEW ZEALAND POLICE [2015] NZHC 1069 [19 May 2015]
his partner, which descended into physical pushing and threats. Mr Reedy’s partner
called the police.
[4] When police attended the scene of the domestic dispute, they undertook a search of the property in reliance on the provisions of the Search and Surveillance Act 2012. The search yielded a bucket containing cannabis, which was separated into four one ounce bags with a combined total weight of 125 grams. In Mr Reedy’s vehicle the police also located a bag containing $9,000 in cash, in denominations of
$20 and $50.
The District Court sentencing
[5] In sentencing Mr Reedy, Judge Garland recognised that he was required to take into account the principles and purposes of sentencing in ss 7 and 8 of the Sentencing Act 2002. In particular, His Honour took into account the need to hold Mr Reedy accountable for the harm he had done, and the principles of denunciation and deterrence. It was noted that in drug offending, personal circumstances carry little weight. In terms of principles, consistency and the least restrictive outcome were focused on.
[6] In relation to the lead offence, Judge Garland relied on the guideline judgment R v Terewi.2 It was considered that the offending fell within category two of Terewi, with starting points of between two and four years.3 It was also observed that the Court of Appeal has confirmed that any commercial dealing, no matter how trivial, fits within this category.4
[7] Judge Garland therefore fixed this offending as coming in at the bottom end of category two and took a starting point of two years’ imprisonment. From the starting point, Judge Garland recognised Mr Reedy’s extensive criminal history
would require an uplift. He said:5
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- Case
- [2015] NZHC 1069
- Decision Date
CaseChat Overview and Summary
Final orders: The appeal is dismissed.
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Background
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Evidence
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Decision
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