IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2018-404-000364
[2018] NZHC 3277
BETWEEN VINCENT WAYNE SECKER-ALISON
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 11 December 2018 Counsel:
D Becker and CG Wright for Appellant DG Johnstone for Respondent
Judgment:
12 December 2018
JUDGMENT OF DOWNS J
This judgment was delivered by me on Wednesday, 12 December 2018 at 3 pm.
Registrar/Deputy Registrar
Solicitors/Counsel:
Public Defence Service, Auckland. Crown Solicitor, Auckland.
SECKER-ALISON v POLICE [2018] NZHC 3277 [12 December 2018]
The appeal
[1] Mr Vincent Secker-Alison punched his mother in the face, bruising her left eye. He and another burgled an Auckland restaurant, albeit the stolen property was recovered. Both offences were committed while Mr Secker-Alison was on bail for charges of assault and unlawfully being in a building. Judge P J Sinclair sentenced Mr Secker-Alison to a term of seven months and two weeks’ imprisonment.1 Mr Secker-Alison appeals. He contends the sentence is manifestly excessive. Mr Secker-Alison invites attention to an uplift of two months’ imprisonment for his criminal record; and parity. The co-defendant received a sentence of 100 hours’ community work in relation to the charge of burglary.
Background
[2] Little additional background is required. The burglary involved the removal of soft-drinks and alcohol from the Soul Bar & Bistro in the early hours of 16 February 2018. The assault came later: 22 March 2018. As observed, Mr Secker-Alison was on bail on charges of assault and unlawfully entering a building. That offending occurred on 22 May 2017 when Mr Secker-Alison and another entered the home of the victim, punched him and stomped on his head. That attack was retaliatory: the victim had been seeing Mr Secker-Alison’s former partner.
[3] Judge Sinclair adopted a starting point of three months’ imprisonment for the male assaults female charge; a five-month starting point for the burglary charge; made these cumulative; and then uplifted the starting point by two months. The Judge mitigated the overall starting point by 25 percent; Mr Secker-Alison pleaded guilty “at an early opportunity”.2 The Judge made the seven and a half-month term cumulative on the one-year prison sentence for the May 2017 offending, which had been dealt with by the time Mr Secker-Alison appeared for sentence before Judge Sinclair.
Uplift
[4] Mr Becker contends the Judge was wrong to uplift the sentence for previous convictions because the sentence was made cumulative on the May offending, and Mr Secker-Alison’s record did not warrant an uplift.
[5] I disagree. Mr Secker-Alison had 33 earlier convictions irrespective of the 2017 offending, including for common assault (2012), two for fighting in a public place (2009 and 2010), assaulting Police (2012), and threatening behaviour (2009). This unaddressed propensity for violence warranted an uplift. That uplift constituted 25 percent of the starting point, an unremarkable level, particularly as the offending was committed on bail for (similar) 2017 offending. No double-punishment occurred because the 2018 offending was discrete from that in 2017, and Mr Secker-Alison’s…
Keep reading for free
Create a free CaseChat account to read Secker-Alison 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
- [2018] NZHC 3277
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the uplift for Secker-Alison's criminal record was justified and whether the sentence was manifestly excessive. The court examined the appellant's criminal history, which included 33 earlier convictions for offenses such as common assault, fighting in public, assaulting police, and threatening behaviour. The court also considered the disparity in sentencing between Secker-Alison and his co-defendant, who received a sentence of 100 hours' community work for the burglary. The court had to determine whether the disparity rendered Secker-Alison's sentence manifestly excessive.
The court held that the uplift for Secker-Alison's criminal record was justified due to his unaddressed propensity for violence. The court also found that the sentences were not manifestly excessive, noting that the burglary of commercial premises often results in imprisonment. The court relied on previous cases where starting points of five to seven months' imprisonment were considered appropriate for similar offences. The court concluded that the sentence imposed on Secker-Alison was within the appropriate range and dismissed the appeal.
The final orders of the court were that the appeal was dismissed, and the original sentence of seven months and two weeks' imprisonment was upheld.
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.