IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-404-000136 [2015] NZHC 1633
BETWEEN CAMERON ANTHONY ROSS
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 13 July 2015 Appearances:
Hannah Kim for the Appellant
Zoe Hamill for the RespondentJudgment:
15 July 2015
JUDGMENT OF MOORE J [Appeal against sentence]
This judgment was delivered by me on 15 July 2015 at 11:00am pursuant to Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
Date:
ROSS v NEW ZEALAND POLICE [2015] NZHC 1633 [15 July 2015]
Introduction
[1] On 1 May 2015, the appellant, Cameron Anthony Ross, was sentenced by Judge Andrée Wiltens in the Manukau District Court to three years and nine months’ imprisonment after having pleaded guilty to one charge of aggravated robbery.1
[2] He now appeals that sentence on the grounds that the learned District Court Judge erred in declining to give him credit for his efforts towards rehabilitation, family support and various mitigating personal circumstances.
The offending
[3] Shortly before midnight on Friday, 29 November 2013 the complainant was seated alone in his car in the carpark at McDonald’s, Albany eating the food he had just purchased. His car was a hi-spec Nissan Skyline valued at approximately
$70,000, fitted with a number of expensive after-market accessories.
[4] Mr Ross’ female accomplice called out to him and asked for a ride to the bus depot. The complainant agreed and she got into the front passenger seat. Just as they were about to leave, the accomplice said “Oh, wait for my mate” at which point Mr Ross appeared and clambered into the back seat.
[5] The complainant had driven only about a kilometre before Mr Ross said he needed to go to the toilet. The car was stopped at which point Mr Ross leaned forward, produced a firearm from inside his jacket, and pointed it directly at the complainant. He told him to get out of the car. The complainant asked if he could retrieve his mobile phone but Mr Ross told him to leave it. The complainant got out of the car while the gun remained trained on him. Mr Ross got into the driver’s seat
and drove away.
1 Crimes Act 1961, s 235(b). The maximum penalty is 14 years’ imprisonment.
[6] Mr Ross was apprehended on 3 December 2013 and two days later the car was recovered with some damage and items missing from it.2
[7] Unsurprisingly, the complainant was shaken by the incident. He believed he was going to die when the gun was brandished at him. He was very proud of his car and understandably angry at it being taken from him at gunpoint.
Personal circumstances
[8] Mr Ross is 38 years old. He has close associations with the Tribesmen gang. He has a lengthy record of previous convictions. His early offending was primarily of a nuisance and anti-social nature including wilful damage, property offences and drug offences. He does, however, have previous convictions for possession of a weapon, assaulting Police, escaping from custody…
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- Ross v Police [2015] NZHC 1633
- Case
- [2015] NZHC 1633
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CaseChat Overview and Summary
The court's reasoning is based on the appellant's extensive criminal history, which includes 24 convictions for dishonesty, 16 for drugs, and 9 for robbery and aggravated robbery, with 8 occasions of being found in possession of offensive weapons. The court also considers the use of a firearm and the high value of the stolen items, which make the offending more serious than the examples listed in the relevant tariff case, Mako. The court concludes that the sentence imposed by the District Court judge is not manifestly excessive, and a different sentence should not be imposed. The appeal against sentence is dismissed, and the original sentence stands.
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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