Staiger v Police - [2022] NZHC 3012

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CRI-2022-419-000044

[2022] NZHC 3012

BETWEEN
JAMEN PAUL STAIGER

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 15 November 2022

Appearances:

N Palmer for Appellant U Keller for Respondent

Judgment:

17 November 2022

JUDGMENT OF WYLIE J

(Appeal against sentence)

This judgment was delivered by Justice Wylie On 17 November 2022 at 10.00 am
Registrar/Deputy Registrar Date:…………………………

Solicitors/counsel:
Hamilton Legal, Hamilton N Palmer, Hamilton

STAIGER v NEW ZEALAND POLICE [2022] NZHC 3012 [17 November 2022]

Introduction

[1] On 28 June 2022, the appellant, Jamen Staiger, was sentenced by Judge R L B Spear in the District Court at Te Awamutu to one year and six months’ intensive supervision and 100 hours’ community work.1

[2] Mr Staiger was before the Court for sentence in relation to a number of charges: breach of a community work order; driving whilst disqualified (x 2); escaping from Police custody; failing to remain stopped for a Police officer; resisting the Police; and failing to answer District Court bail. The driving whilst disqualified charges, the escaping Police custody charge and the charge of resisting the Police attracted the sentence of one year and six months’ intensive supervision and the imposition of special conditions recommended by the Department of Corrections. Mr Staiger was also disqualified from driving for a period of 15 months in relation to the charges of driving whilst disqualified. On the charge of failing to remain stopped, he was disqualified for 12 months. He was discharged without penalty on the breach of bail charge.

[3] Relevant to the appeal, Mr Staiger was also charged with breaching a community work order contrary to s 71(1) of the Sentencing Act 2002. In December 2020, he had been sentenced to 100 hours of community work on a charge of driving whilst disqualified. He made very little progress with completing his sentence and, in October 2021, his probation officer applied to review the sentence under s 68(1)(a) of the Sentencing Act. At that point, Mr Staiger had only completed 4.75 hours of community work since the sentence was imposed. Judge Spear convicted Mr Staiger on the charge of breaching the sentence of community work and discharged him without penalty but with a final warning. The application to review the sentence was not opposed and the Judge cancelled the December 2020 sentence and substituted a fresh sentence of 100 hours’ community work in place of the sentence earlier imposed.

[4] At the same time, the Judge dealt with an oral application made on Mr Staiger’s behalf under s 94 of the Land Transport Act 1998. Mr Staiger sought the imposition

1 Police v Staiger [2022] NZDC 12118.

of a community-based sentence instead of a further period of disqualification. The Judge declined this application.

[5] Mr Staiger appeals the sentence of 100 hours’ community work imposed by the Judge (the resentence appeal). Although Mr Staiger did not raise it in his notice of appeal, Ms Palmer,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Staiger v Police

Details

AGLC: Staiger v Police [2022] NZHC 3012
Case: [2022] NZHC 3012
Decision Date: 17 November 2022

CaseChat Overview and Summary

In the case of Staiger v Police, the appellant, Jamen Staiger, appealed against his sentence of 100 hours of community work imposed by Judge R L B Spear in the District Court. The appeal also questioned the Judge's decision to decline an application under s 94 of the Land Transport Act to substitute a community-based sentence instead of a further period of disqualification. The Crown opposed the appeal. The legal issues before the Court were whether there was a material error in the sentence imposed and if a different sentence should have been imposed, as well as whether there was an error in the Judge's decision to decline the s 94 application. The Court found that while the sentence of community work was not manifestly excessive, there was a material error in not considering the portion of the original sentence that remained unserved. The appeal was allowed to the extent of amending the substitute sentence to one of 95.25 hours of community work. In all other respects, the appeal was dismissed.

Final orders: The appeal is allowed to the extent of amending the substitute sentence to one of 95.25 hours of community work. In all other respects, the appeal is dismissed.

Orders