| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA517/2012 [2013] NZCA 55 |
| BETWEEN DEREK JOHN TAYLOR |
| AND THE QUEEN |
| Hearing: 21 February 2013 |
| Court: Arnold, Simon France and Dobson JJ |
| Counsel: R G R Eagles for Appellant |
| Judgment: 21 February 2013 |
| Reasons: 14 March 2013 |
JUDGMENT OF THE COURT
A The first of question of law:
Did the High Court err by having regard to the ability of counsel to seek clarity on what was meant by significant?
is answered “yes”.
B The second question is not answered.
CThe Court, pursuant to ss 144B and 123 of the Summary Proceedings Act 1957, extends the time for Mr Taylor to file an appeal against conviction.
DThe appeal is allowed, and the four convictions entered on 30 January 2012, following guilty pleas, are quashed. The matter is remitted to the District Court for Mr Taylor to plead again to the charges.
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REASONS OF THE COURT
(Given by Simon France J)
Introduction
This appeal by way of case stated from the High Court concerns whether a sentence imposed in the Queenstown District Court following a sentence indication differed sufficiently from the indication to warrant allowing Mr Taylor an opportunity to vacate his guilty pleas. On the day of the appeal hearing this Court issued a results judgment in which it allowed the appeal, quashed the convictions and remitted the matter back to the District Court. We now give our reasons.
Facts
Mr Taylor is a recidivist property offender. Prior to the present matters, he had 23 convictions for burglary, and over 213 convictions for other dishonesty offending. The present charges relate to events that occurred over a short period of time in late 2011.
The sequence was:
(a)7 November 2011 – charged with burglary, and remanded in custody. The incident occurred on 29 September 2011, and was soon amended to a charge of unlawfully entering a yard;
(b)8 November 2011 – granted bail on what was at that point still a burglary charge;
(c)7 December 2011 – charged with obtaining $50 worth of goods by deception. This offending occurred on 20 November, so during the time when he was on bail for the original 7 November burglary charge. Mr Taylor was remanded in custody;
(d)27 December 2011 – whilst still in custody, charged with theft of copper piping and pressure valves from an address where they were stored. This offending occurred sometime between 1 November and 23 December 2011. Mr Taylor was again remanded in custody;
(e)29 December 2011 – granted bail on all charges;
(f)30 December 2011 – stole a wallet and a purse (containing cash ($180) and credits cards) from two lockers at a local swimming pool. Arrested on 31 December and remanded in custody. Because police believe the lockers were in a secure area, the offence is charged as burglary.
The sentencing indication, and sentence, then occurred on 30 January 2012. By this stage Mr Taylor was accepting responsibility for the swimming…
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- AGLC
- Taylor v R [2013] NZCA 55
- Case
- [2013] NZCA 55
- Decision Date
CaseChat Overview and Summary
The Court found that the High Court did indeed err in considering the ability of counsel to seek clarity on the term "significant". The Court held that the disparity between the sentencing indication and the actual sentence was significant enough to warrant reconsideration of Taylor's guilty pleas. The Court held that the accused must be offered the opportunity to withdraw his or her plea if there is a significant disparity between the indication and the final sentence, and the plea has flowed from the indication. The Court also found that it was not necessary to examine the second issue as the first issue was sufficient to dispose of the case.
The Court allowed the appeal, quashed Taylor's convictions and sentences, and remitted the matter back to the District Court for Taylor to plead again to the charges. The Court extended the time for Taylor to file an appeal against conviction, and treated the appeal as being against both conviction and sentence.
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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