IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI 2019-419-0034
[2019] NZHC 1412
BETWEEN KENNETH CHARLES ROBINSON
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 20 June 2019 Appearances:
R T Nye-Wood for the appellant ASC Alcock for the respondent
Judgment:
20 June 2019
ORAL JUDGMENT OF JAGOSE J
Solicitors:
Public Defence Service, Hamilton Almao Couch, Hamilton
ROBINSON v NEW ZEALAND POLICE [2019] NZHC 1412 [20 June 2019]
[1] Kenneth Robinson appeals his sentence of nine months’ imprisonment imposed by Judge M L S F Burnett in the District Court at Hamilton on 18 April 2019.1 Mr Robinson had pleaded guilty to one charge of breaching a protection order.2
Approach to appeals against sentence
[2] I must allow the appeal only if I am satisfied both there is an error in the sentence, and a different sentence should be imposed.3 In any other case, I must dismiss the appeal.4 The approach previously taken by courts on sentencing appeals continues to apply;5 the measure of error is the sentence be “manifestly excessive” – the principle is “well-engrained” in this Court’s approach to sentence appeals.6 I will not intervene where the sentence is within a range properly justified by accepted sentencing principle. Whether ‘manifestly excessive’ is to be assessed in terms of the sentence given, rather than by the process by which it is reached.7
Offending
[3] A protection order was issued against Mr Robinson by the Tauranga Family Court on 4 October 2006. It became final on 4 January 2007. He has been in an on- and-off relationship with the applicant for the order –the victim in the appeal – for 17 years.
[4] On 13 February 2019, Mr Robinson was at the victim’s address in Hamilton. He began verbally abusing a friend of the victim who arrived at the address. The victim told Mr Robinson to leave but he refused. He used her phone to call the landlord before the victim grabbed her phone back and called the police. In continued breach of the protection order, Mr Robinson refused to leave.8
1 Police v Robinson [2019] NZDC 7451.
2 Domestic Violence Act 1995, ss 19(2)(c), 49(1)(b) and 49(3). The maximum penalty is three years’ imprisonment.
3 Criminal Procedure Act 2011, s 250(2).
4 Section 250(3).
5 Tutakangahau v R [2014] NZCA 279, [2014] 3 NZLR 482 at [26]–[27].
6 At [33] and [35].
7 Ripia v R [2011] NZCA 101 at [15].
8 Under s 19(2)(c) of the Domestic Violence Act 1995, it is a condition of every protection order that a respondent must not, without the protected person’s express consent, remain on any land or building occupied by the protected person.
District Court decision
[5]Judge Burnett ordered an end sentence of nine months’ imprisonment, after:
(a)adopting a starting point of six months’ imprisonment;
(b)applying a six-month uplift for Mr Robinson’s previous breaches of the protection order and continued pattern of offending; and
(c)applying a full 25 per cent discount in…
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- [2019] NZHC 1412
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CaseChat Overview and Summary
The final orders of the court were that the appeal is dismissed.
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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