IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI-2014-485-63 [2014] NZHC 2388
BETWEEN BENJAMIN DUNCAN ROSS
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 23 September 2014 Appearances:
C J Nicholls for appellant
A R van Echten and S C Carter for respondentJudgment:
30 September 2014
JUDGMENT OF CLIFFORD J
Introduction
[1] The appellant, Benjamin Ross, came before Judge Grace on 16 July 2014 for sentencing on some 22 charges overall, including burglary (x 3), taking and using a credit card (x 8), theft from a car (x 2), unlawfully taking a motor vehicle (x 2), breach of community work (x 1) and driving whilst suspended/disqualified (x 4).1
[2] The Judge:
(a) convicted and discharged Mr Ross on the breach of community work charge;
(b)sentenced Mr Ross to two years’ intensive supervision on the remaining charges, excluding those of burglary and driving whilst
disqualified;
1 Police v Ross DC Hutt Valley CRI-2014-096-000966, 26 July 2014.
ROSS v POLICE [2014] NZHC 2388 [30 September 2014]
(c) sentenced Mr Ross to three years’ disqualification on the driving
charges; and
(d) adjourned sentencing on the burglary charges for four months.
[3] Mr Ross now appeals against that three year disqualification period on the grounds that it is manifestly excessive. Mr Ross seeks leave to amend his notice of appeal to include the fourth charge of driving whilst suspended which was, in error, omitted from his original notice of appeal. The Crown does not oppose the inclusion of that charge, and leave is granted accordingly.
Background
[4] The 22 charges Mr Ross faced reflected a “spree” of offending.
[5] On 17 March 2014 Mr Ross stole a wallet from an unlocked car in Eastbourne. Over the next three days he used a credit card from the wallet on eight occasions to obtain cash and credit totalling $1,900.
[6] On 21 March, Mr Ross and an associate burgled three rooms at a
backpacker’s lodge in Thorndon taking computers, cell phones and wallets.
[7] Mr Ross was suspended from driving for three months on 18 February 2014 for having excess demerit points.
[8] Mr Ross was stopped by the police when driving on 29 March, 4 April,
19 April and 21 April 2014. On 19 and 21 April, Mr Ross was driving a stolen car. On 21 April Mr Ross drove off from the police check-point, and was located a short time later.
[9] A number of the later offences in the “spree” would appear to have been
committed whilst Mr Ross was on bail for the earlier of those offences.
[10] Mr Ross has three previous offences for driving whilst disqualified, the offences having been committed on 26 February 2008, 1 May 2008 and
24 September 2008. Mr Ross also has a 2012 conviction for failing to comply with a prohibition as an unlicensed driver.
The challenged sentencing decision
[11] In sentencing Mr Ross, the Judge faced something of a dilemma. A psychiatric report indicated that Mr Ross, who said he had been hearing…
Continue reading Ross v Police
Sign in free to access the full text
- AGLC
- Ross v Police [2014] NZHC 2388
- Case
- [2014] NZHC 2388
- 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.