IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-404-173 [2015] NZHC 2003
BETWEEN JAGJOT SINGH
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 24 August 2015 Counsel:
S Walker for the Appellant
N T Fletcher for the RespondentJudgment:
24 August 2015
JUDGMENT OF DUFFY J
Solicitors:
Crown Solicitor, Manukau
Public Defence Service, Manukau
SINGH v NEW ZEALAND POLICE [2015] NZHC 2003 [24 August 2015]
[1] The appellant pleaded guilty and was sentenced to eight months’ imprisonment on one charge of doing an indecent act on a boy between 12 and 16 years.1 He appeals on the basis that the starting point of 12 months’ imprisonment adopted by the Judge was manifestly excessive and further, that the Judge failed to consider an appropriate community based sentence.
[2] At the end of the hearing I allowed the appeal and imposed a substituted sentence of 250 hours’ community work. My reasons now follow.
Background
Summary of Facts
[3] The appellant, Jagjot Singh, was employed as a security guard by Armour
Guard Security. He provided security at the Manuerewa Train Station. On 2
December 2014, the appellant was working as a security guard at the Station. At approximately 10:25 pm he approached the complainant, a 13 year old boy, who was sitting at the train station platform.
[4] A conversation ensued between the appellant and the complainant for approximately ten minutes, during which time the appellant placed his right hand on the complainant’s left thigh. The appellant then placed his arm on the victim’s back, leant over and kissed the complainant twice on the mouth.
[5] The appellant was 24 at the time of the offending.
Pre-sentence report
[6] The appellant is Indian and entered New Zealand on a student visa. He was then granted a twelve month work permit which expired on 23 May 2015. The appellant’s mother and brother remain in India and the appellant had provided financial support for them. The appellant’s father had recently died in a traffic
accident.
1 Crimes Act 1961, s 134(3).
[7] The appellant’s employment at Armour Guard was terminated due to the current offending, as it was committed while the appellant was at work. The appellant is a strong follower of the Sikh religion. He attends a Temple on a daily basis and undertakes volunteer work at the Temple. The appellant was not employed at the time the report was written and was not in receipt of any form of benefit. He received some income from casual farm work and goodwill from members of the Temple.
[8] The report writer noted that the appellant has no previous convictions in New Zealand or in India. The appellant accepted the police summary of facts, although he stated that the complainant had instigated the interaction. The appellant had written a letter of apology to the complainant, but was unable to discuss why he committed the offending. While he expressed remorse, the appellant was very concerned about the possible effect the offending would have on his immigration status.
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- AGLC
- Singh v Police [2015] NZHC 2003
- Case
- [2015] NZHC 2003
- Decision Date
CaseChat Overview and Summary
The court held that the seriousness of the offending was analogous to other cases where community-based sentences were imposed. The court noted that the incident was brief, involved "transitory kissing" and touching over the complainant's clothes, and there was an early guilty plea. The appellant had no previous convictions, had expressed remorse, and was assessed at a low risk of reoffending. The court found that the District Court judge's decision to impose a custodial sentence was made in error, as there was inadequate consideration of whether the objects of denunciation and deterrence as well as the other principles in the Sentencing Act could be addressed by a sentence of home detention or community-based sentence. The appeal was allowed, and the sentence imposed in the District Court was set aside. In its place, the appellant was sentenced to 250 hours of community work.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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