IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CRI-2022-488-000010
[2022] NZHC 875
BETWEEN DAMAIN JOSEPH SKEENS
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 27 April 2022 Appearances:
D Watkins for the Appellant A Tupuola for the Respondent
Judgment:
29 April 2022
JUDGMENT OF WALKER J
This judgment was delivered by me on 29 April 2022 at 12.30 pm Registrar/Deputy Registrar
SKEENS v NEW ZEALAND POLICE [2022] NZHC 875 [29 April 2022]
Introduction
[1] Damain Skeens appeals his sentence of nine months’ imprisonment for unlawfully taking a motor vehicle (conversion) 1 and being unlawfully in a building.2 The sentence was imposed by Judge GL Davis in the Whangārei District Court on 21 January 2022 following guilty pleas. 3
[2] Mr Skeens was remanded in custody for an initial period after arrest and a further period from either 11 or 17 January 2022 to 21 January 2022. The combined period of custodial remand and sentence means that as at today’s date, Mr Skeens will have approximately 3 weeks before eligibility for release. That calculation assumes that he has successfully served one half of his sentence. It is regrettable that, practically speaking, this appeal may have little practical utility.
[3] An urgent hearing date for this appeal was originally set for 10 March 2022. It had to be adjourned due to difficulties with legal aid assignment. The Court invited an application for bail pending appeal but I understand that was unable to be advanced due to lack of a suitable address.
The offending
[4]The charges arise from two incidents.
Theft of car
[5] On 21 July 2021, Mr Skeens texted the victim asking if he could come over. The two were known to each other as their parents used to associate when they were younger. They had not seen each other for a considerable amount of time. The victim agreed for him to come over. Mr Skeens and the co-defendant, his partner, Ms Murray turned up at the victim’s house. They asked if they could stay the night as they had nowhere else to go. The victim agreed.
1 Crimes Act 1961, s 226(1) carrying a maximum penalty of 7 years’ imprisonment.
2 Summary Offences Act 1981, s 29(1)(a) carrying a maximum penalty of 3 months’ imprisonment or a fine not exceeding $2,000.
3 New Zealand Police v Skeens [2022] NZDC 908.
[6] The following day, Mr Skeens asked the victim if they could go for a drive to Dargaville. He said he would give the victim some money for gas and asked to drive his car. The victim agreed. Mr Skeens drove Ms Murray and the victim to a petrol station in Whangārei but did not drive onto the forecourt. He gave the victim a plastic petrol container and asked if he would put $10 worth of petrol in it for him. The victim walked over to the forecourt and filled up the petrol container. From there, he could just see where the…
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- Case
- [2022] NZHC 875
- Decision Date
CaseChat Overview and Summary
The court's decision was based on the appropriate range of sentencing for the charges, the totality principle, and the purposes of sentencing. The court found that the starting point and final sentence were within the appropriate range, and there was no error in the term of imprisonment imposed. The court also considered the possibility of home detention, but concluded that the relevant factors weighed heavily against commuting the sentence to home detention, given Skeens' history of persistent disregard for court-imposed sanctions. The court found that the rehabilitative purpose of a sentence of home detention would not have been fulfilled in this case. As a result, the appeal was dismissed, and the original sentence remains in place.
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Decision
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Legal Principle Established
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