IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2021-404-355
[2021] NZHC 2560
BETWEEN DEKOTA CHASE SIMPSON
Appellant
AND
THE QUEEN
Respondent
Hearing: 27 September 2021 Appearances:
I M Stewart for the Appellant M Djurich for the Respondent
Judgment:
28 September 2021
JUDGMENT OF GAULT J
This judgment was delivered by me on 28 September 2021 at 5:00 pm.
Registrar/Deputy Registrar
……………………………………
Solicitors / Counsel:
Ms I M Stewart, Barrister, Auckland
Mr M Djurich, Kayes Fletcher Walker, Office of the Crown Solicitor, Manukau City
SIMPSON v R [2021] NZHC 2560 [28 September 2021]
[1] Mr Simpson appeals against his sentence of 19 months’ imprisonment imposed by Judge A M Wharepouri in the Manukau District Court on 7 July 2021,1 following guilty pleas to:
(a)one charge of commission of intentional damage with firearm;2
(b)one charge of unlawful possession of firearm;3 and
(c)one charge of unlawful possession of explosives (ammunition).4
[2] He was sentenced together with a co-offender, his older brother, who was sentenced on the first two charges above to seven and a half months’ home detention.
[3] Mr Simpson appeals on the sole basis that his sentence was not the least restrictive outcome in the circumstances and ought to have been commuted to home detention.
The offending
[4] On 10 May 2020 around 2:00 pm, Mr Simpson and his brother were driving along Roscommon Road, Wiri. Mr Simpson was driving while his brother was in the front passenger seat.
[5] The victims, an adult couple and two children aged 12 and 13, were also travelling in their car at this time. They pulled out of a service station and onto a connecting road when Mr Simpson’s car sped up close behind them. They moved into the right-hand lane so Mr Simpson could pass them. Annoyed at Mr Simpson’s driving, the adult male victim showed his middle finger to them and yelled “fuck you” as Mr Simpson pulled into a service station on Roscommon Road.
1 R v Simpson [2021] NZDC 13733.
2 Crimes Act 1961, ss 198B(1)(a) and 66. Maximum penalty 10 years’ imprisonment.
3 Arms Act 1983, s 45(1)(b). Maximum penalty 4 years’ imprisonment and/or $5,000 fine. CRN 20092006001.
4 Arms Act 1983, s 45(1)(b). Maximum penalty 4 years’ imprisonment and/or $5,000 fine. CRN 20092006002.
[6] In response, Mr Simpson pointed his hands at the victims, making gun gestures with both. Meanwhile, his brother retrieved a shotgun from the backseat of the car and began assembling it.
[7]The victims drove away and got on State Highway 20, heading north.
[8] Mr Simpson and his brother then changed seats. Before getting back into the car, Mr Simpson retrieved a guitar bag from the backseat, which contained a further shotgun and ammunition.
[9] About ten minutes later, Mr Simpson and his brother caught up to the victims on State Highway 20. They yelled at the victims from their car and Mr Simpson waved around the shotgun. He then leaned out of the…
Continue reading Simpson v The Queen
Sign in free to access the full text
- AGLC
- Simpson v The Queen [2021] NZHC 2560
- Case
- [2021] NZHC 2560
- 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.