IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE
CRI-2019-441-4
[2019] NZHC 354
BETWEEN PIETER CONJE STRIDOM
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 5 March 2019 Appearances:
R D Stone for the Appellant C R Stuart for the Respondent
Judgment:
6 March 2019
Reissued:
12 March 2019
JUDGMENT OF COOKE J
[1] On 23 January 2019 Mr Stridom was sentenced before Judge Adeane in the District Court at Hastings to two years one months’ imprisonment in respect of the following charges:1
(a)Two charges of burglary;2
(b)One charge of theft between $500–$1000;3
(c)One charge of receiving stolen goods over $1000;4
1 Police v Stridom [2018] NZDC 1108.
2 Crimes Act 1961, s 231(1)(a) and s 66, maximum penalty 10 years’ imprisonment.
3 Sections 219 and 223(c), maximum penalty 1 years’ imprisonment.
4 Sections 246 and 247, maximum penalty 7 years’ imprisonment.
STRIDOM v NEW ZEALAND POLICE [2019] NZHC 354 [12 March 2019]
(d)One charge of unlawfully taking a motor vehicle;5
(e)One charge of driving while disqualified (third offence);6
(f)One charge of possession of methamphetamine pipes;7
(g)Two charges of using a document for pecuniary advantage;8
(h)One charge of possession of a knife in a public place.9
[2] Mr Stridom appeals his conviction on the grounds there were two mistakes in the District Court decision in relation to the sentence, and the appellate court is entitled to consider the sentence afresh. He argues that the end sentence was within the range of home detention, and that this is the sentence the Court should impose.
[3] The Police accept that mistakes were made in the District Court decision, but the mistakes were not material so as to justify a different sentence.
Factual background
[4] Mr Stridom is 30 years old and lives in Hastings. On 8 March 2018 he drove to Havelock North to meet his co-defendant, Ms Brown. Mr Stridom remained in the car while Ms Brown walked up the driveway at an address and climbed in through the open window, taking numerous items of value including jewellery and electronics, valued at approximately $20,000. Mr Stridom then drove Ms Brown back to her address, dropped her off and took the stolen goods with him to sell.
[5] On 13 March 2018 Ms Brown picked up Mr Stridom from his address in Hastings. They drove past an address where they saw the occupants leaving the house. Ms Brown parked the car at the end of the driveway. Both Ms Brown and Mr Stridom
5 Section 226(1), maximum penalty 7 years’ imprisonment.
6 Land Transport Act 1998, ss 32(1)(a) and 32(4), maximum penalty 2 years’ imprisonment or
$6,000 fine.
7 Misuse of Drugs Act 1975, s 13(1)(a) and (3), maximum penalty 1 years’ imprisonment or $500 fine.
8 Crimes Act 1961, s 228(b), maximum penalty 7 years’ imprisonment.
9 Section 202A(4)(a), maximum penalty 3 years’ imprisonment.
exited the car and approached the house. Ms Brown found an open window, reached in and unlocked the door. Once…
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- [2019] NZHC 354
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