Legal Research
Cases
Scott v Police

Scott v Police

Case [2022] NZHC 3295 8 December 2022

Sentencing

Aggravating and Mitigating Factors

No judgment structure available for this case.

Type to search within this case.

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2022-409-175

[2022] NZHC 3295

BETWEEN
MATHEW JOSEPH SCOTT

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 7 December 2022

Appearances:

T R Nicholls for Appellant

G E R Alloway for Respondent

Judgment:

8 December 2022

JUDGMENT OF MANDER J

This judgment was delivered by me on 8 December 2022 at 11.30 am pursuant to Rule 11.5 of the High Court Rules 2016

Registrar/Deputy Registrar Date:

SCOTT v NEW ZEALAND POLICE [2022] NZHC 3295 [8 December 2022]

[1] Mathew Scott pleaded guilty to dishonestly using a motor vehicle,1 failing to stop when followed by an enforcement officer flashing blue and red lights (third or subsequent),2 driving while disqualified (third or subsequent),3 possession of an offensive weapon,4 possession of a knife,5 and two charges of theft.6 On 11 May 2022, Mr Scott was convicted of breaching his release conditions and was ordered to come up for sentence if called upon.7

[2] On 28 October 2022, Judge Couch sentenced Mr Scott in the Christchurch District Court to 18 months’ imprisonment and disqualified him from obtaining or holding a driver licence for three years.8 Mr Scott appeals that sentence.

Factual background

[3] Mr Scott has at least two previous convictions both for driving while disqualified and failing to stop when followed by red and blue flashing lights.

[4] On 29 May 2022, Mr Scott drove a vehicle on Mairehau Road in Christchurch. That vehicle had been stolen two days earlier. At around 3.25 pm, Mr Scott entered the Travis Wetlands carpark and smashed the right rear quarter window of a vehicle. He took a black puffer jacket and a glasses case from that car. He then smashed the rear quarter window of another vehicle and took an iPhone and a bag filled with personal items.

[5] At 4.10 pm, Police located Mr Scott driving the stolen vehicle on Mairehau Road. Police activated red and blue flashing lights. He failed to stop. He overtook another vehicle driving at an estimated speed of 70 km in a 50 km zone. He drove down a nearby street, exited the vehicle while it was still moving (it apparently had

1      Crimes Act 1961, s 226(1) – maximum penalty seven years’ imprisonment.
2      Land Transport Act 1998, ss 52A(5) and 114(2) – maximum penalty three months’ imprisonment and a mandatory disqualification of two years.
3      Sections 32(1)(a) and 32(4) – maximum penalty of two years’ imprisonment or a fine not exceeding $6,000, and a mandatory disqualification of one year or more.
4      Crimes Act, s 202A(4)(a) – maximum penalty three years’ imprisonment.
5      Summary Offences Act 1981, s 13A – maximum penalty three months’ imprisonment or a fine not exceeding $2,000.
6      Crimes Act, ss 219 and 223(c) and (d) – maximum penalty one year’s imprisonment and three months’ imprisonment respectively.
7      Parole Act 2002, s 71 – maximum penalty one year’s imprisonment or a fine not exceeding $2,000.
8      Police v Scott

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Scott v Police

Details

AGLC: Scott v Police [2022] NZHC 3295
Case: [2022] NZHC 3295
Decision Date: 8 December 2022

CaseChat Overview and Summary

Mathew Scott appeals against the sentence imposed on him by the Christchurch District Court. Mr Scott had pleaded guilty to dishonestly using a motor vehicle, failing to stop when followed by an enforcement officer flashing blue and red lights, driving while disqualified, possession of an offensive weapon, possession of a knife, and two charges of theft. The District Court Judge sentenced Mr Scott to 18 months’ imprisonment and disqualified him from obtaining or holding a driver licence for three years. Mr Scott appeals on the basis that the starting point for the offence of dishonestly using a motor vehicle was too high and that the discount for his cultural background should have been greater. The High Court found that while the District Court Judge had erred in the discount he provided for Mr Scott’s cultural background, it did not materially affect the final sentence imposed. The appeal was dismissed.

The High Court found that the starting point for the offence of dishonestly using a motor vehicle was appropriate. Although there is no evidence Mr Scott took the stolen car, he still used the vehicle for illegal purposes before abandoning it. It is not clear whether it sustained any damage nor whether it was returned to its owner. The High Court found that the vehicle was used to commit traffic offences by speeding and fleeing the Police. Given those circumstances, the High Court did not consider a 10-month starting point was outside of the available range for such offending. The High Court found that the District Court Judge should have provided a greater discount for Mr Scott’s cultural background but held that it did not materially affect the final sentence imposed. Importantly it has not resulted in an end sentence that can be categorised as manifestly excessive. The appeal was dismissed.

Orders