IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2015-409-000103 [2016] NZHC 161
BETWEEN HOULYO STEVEN REGAN
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 9 February 2016 Appearances:
K Paima for the Appellant
C E Butchard for the RespondentJudgment:
15 February 2016
JUDGMENT OF NATION J
Introduction
[1] Mr Regan appeals against a sentence of three years’ imprisonment imposed on a lead charge of burglary. Although he has not appealed against the sentence on two other charges, it is important to recognise this sentence was imposed at the same time as he was given a concurrent sentence of six months’ imprisonment on a charge of receiving and a sentence of two months’ imprisonment for breach of release conditions.
[2] The burglary charge arose out of his entering a dwelling through an unlocked back door at some point between 1.30 am and 6.00 am on 13 March 2015. He stole electronic equipment, clothing and food. The victim impact report indicated Mr Regan went into the victim’s bedroom when the man was asleep.
[3] Mr Regan was initially charged with another burglary which occurred between 12.00 am and 4.30 am on 23 March 2015 when someone forced entry to the
garage of a dwelling in New Brighton, Christchurch and stole a road bicycle valued
REGAN v POLICE [2016] NZHC 161 [15 February 2016]
at $4,500 and a mountain bike value at $350. The road bike was recovered but not the mountain bike. Mr Regan was found in possession of the road bicycle soon after. The charge was amended on 25 March 2015 to receiving that bicycle. He pleaded guilty to that amended charge.
[4] Mr Regan was released from Christchurch Men’s Prison on 3 February 2015, having been sentenced to prison for one year and one month for burglary of property under $500 by night. Because he did not have a permanent address, it was a condition of his release that he report every weekday after 16 February 2015 to his probation officer. Mr Regan failed to report at all between 4 March and 19 March
2015. After the probation service made contact with him on 10 March 2015, Mr
Regan failed to report to probation as he said he would.
[5] In May 2015, a Judge gave Mr Regan a sentence indication in the range of 22 months’ imprisonment, giving him credit for a guilty plea and acceptance of responsibility in relation to the offending. On 15 July 2015, Mr Regan appeared before the Judge again. A pre-sentence report was then available with some negative comments about Mr Regan’s attitude and the significant risk of further offending. Mr Regan also wished to withdraw his guilty plea to the receiving charge. In that context, the Judge was not willing to proceed with sentencing on the other two charges in line with his previous indication. The receiving charge was adjourned for a case review hearing on 28 July 2015.
[6] On 28 July 2015, Mr Regan vacated his not guilty plea to…
Keep reading for free
Create a free CaseChat account to read Regan v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] NZHC 161
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.