-
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2023-404-669-670
[2024] NZHC 672
BETWEEN SAJJAD AHMAD SHARIFI
Appellant
AND
THE KING
Respondent
Hearing: 12 March 2024 Counsel:
P K Hamlin and B Mugisho for Appellant D Becker for Respondent
Judgment:
22 March 2024
JUDGMENT OF BECROFT J
[Appeal against sentence]
This judgment was delivered by me on 22 March 2024 at 4.00 pm.
Registrar/Deputy Registrar
……………………………………
Solicitors/counsel:
P Hamlin, Auckland
Meredith Connell, Auckland
SHARIFI v R [2024] NZHC 672 [22 March 2024]
This appeal
[1] Mr Sajjad Ahmad Sharifi, or Mr Sharifi, appeals against his sentence of three years’ imprisonment imposed by Judge BA Gibson in the Auckland District Court on 19 December 2023.1
[2] Mr Sharifi was sentenced in respect of eight charges arising out of five separate incidents that spanned the latter half of 2021. He pleaded guilty to all charges. The breadth of his offending is summarised, chronologically, as follows:
(a)On 17 June 2021, Mr Sharifi supplied one gram of methamphetamine to an undercover police officer.2
(b)In August 2021, Mr Sharifi crashed his vehicle on Mt Albert Road, Auckland, into a set of traffic lights. Three charges resulted:
(i)procuring cannabis;3
(ii)careless driving;4 and
(iii)driving with blood containing evidence of the use of a controlled drug.5
(c)In October 2021, Mr Sharifi admitted to the police he had attached a stolen number plate to his vehicle in order to do a “drive off” from a petrol station. He was charged with obtaining a document for pecuniary advantage.6
1 R v Sharifi [2023] NZDC 28860.
2 Misuse of Drugs Act 1975, s 6(1)(c) and (2)(a); maximum penalty life imprisonment.
3 Misuse of Drugs Act, s 7(1)(a) and (2); maximum penalty three months’ imprisonment or a $500 fine.
4 Land Transport Act 1998, s 379(1); maximum penalty $3,000 fine, and the Court may order disqualification for a period that it sees fit.
5 Land Transport Act, s 58(1)(b); maximum penalty three months’ imprisonment or a $4,500 fine, and a mandatory disqualification from driving for six months or more.
6 Crimes Act 1961, s 228(1)(a); maximum penalty seven years’ imprisonment.
(d)In November 2021, after an ongoing dispute with the victim, Mr Sharifi used an airgun to shoot the victim causing one pellet to penetrate the victim’s arm where, as I understand it, still remains. Mr Sharifi was charged with discharging an airgun with reckless disregard for the safety of others.7
(e)Finally, in November 2021, following the airgun incident, police executed a search warrant at an apartment being rented by Mr Sharifi’s on Waterloo Quadrant. Two charged resulted:
(i)possessing methamphetamine; and8
(ii)possessing a pipe.9
[3] Mr Sharifi submits that Judge Gibson erred in six ways, each of which, separately and together, produced a sentence that was manifestly excessive:
(a)in applying an excessive two-year uplift in respect of the remaining charges (after correctly setting a three-year starting point for the lead charge of discharging the airgun) and thereby breaching the totality principle;
(b)in erroneously…
Continue reading Sharifi v The King
Sign in free to access the full text
- AGLC
- Sharifi v The King [2024] NZHC 672
- Case
- [2024] NZHC 672
- 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.