Taylor v The King - [2025] NZHC 882

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2024-404-732

[2025] NZHC 882

BETWEEN
HOPE MAREE TAYLOR

Appellant

AND

THE KING

Respondent

Hearing: 7 April 2025

Appearances:

S Gray for the Appellant

H Brown for the Respondent

Judgment:

11 April 2025

JUDGMENT OF ANDERSON J

This judgment was delivered by me on 11 April 2025 at 3.00 pm.

……………………………… Registrar/Deputy Registrar

Solicitors:
Meredith Connell, Auckland

TAYLOR v R [2025] NZHC 882 [11 April 2025]

[1] Hope Taylor pleaded guilty to use of a document for pecuniary advantage (x 3),1 obtaining by deception,2 theft over $1000 (x 3),3 attempted theft over
$1000,4 theft between $500–$1000 (x 3),5 and theft under $500.6

[2] On 12 December 2024, Judge D J Sharp in the Auckland District Court sentenced Ms Taylor to 21 months’ imprisonment and declined to convert her sentence to one of home detention.7 Ms Taylor appeals. She says the adopted starting point of 24 months was manifestly excessive and that the sentence is disproportionately severe due to her circumstances.

The offending

[3]I adopt the summary of this offending from Judge Sharp’s sentencing notes:

[4] The circumstances of the Crown charges were that on Saturday 6 May 2023 at about 12.53, you entered JB Hi-Fi in Albany, took a coffee machine at $1,049 from a display shelf, approached staff members saying you had purchased the machine, and you wanted a refund. You presented a fraudulent receipt. You received a refund, and you left the store.

[5] On Saturday 27 May 2023, you entered JB Hi-Fi in Albany. You attempted to leave the store with an espresso coffee machine valued at $1,200 that you were holding. You were stopped by security. You showed the security guard a fraudulent receipt from a previous occasion saying that you had paid for the item. The guard recognised the receipt was fraudulent and recovered the machine.

[6] On Friday 30 June 2023, you entered Mitre 10 Mega in Nelson Central. You took a waste disposal unit worth $580. You walked out of the store with the waste disposal unit. There was no attempt made to pay for this item.

[7] On 30 June 2023, you entered RepCo in Motueka, approached the electronics section, concealed an Escort Redline vehicle radar valued at
$1,490 under a catalogue and walked out of the store. You made no attempt to pay for the item.

[8] In explanation, you denied the offending. There is reparation sought. The Crown seek $1,049.

1      Crimes Act 1961, s 228(1)(b). Maximum penalty: seven years’ imprisonment.
2      Sections 240(1)(a) and 241(a). Maximum penalty: seven years’ imprisonment.
3      Sections 219(1)(a) and 223(b). Maximum penalty: seven years’ imprisonment.
4      Sections 219(1)(a), 72, and 311(a). Maximum penalty: three and a half years’ imprisonment.
5      Sections 219(1)(a) and 223(c). Maximum penalty: one year imprisonment.
6      Sections 219(1)(a) and 223(d). Maximum penalty: three months’ imprisonment.
7      R v Taylor [2024] NZDC 30755.

[9] The police matters relate to circumstances on 13 April, entering…

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 Taylor v The King

Details

AGLC: Taylor v The King [2025] NZHC 882
Case: [2025] NZHC 882
Decision Date: 11 April 2025

CaseChat Overview and Summary

Hope Maree Taylor appealed her 21-month imprisonment sentence imposed by Judge D J Sharp in the Auckland District Court for various charges including theft, obtaining by deception, and misuse of documents. Taylor argued that the starting point of 24 months was manifestly excessive and that the sentence was disproportionately severe due to her personal circumstances. The court considered the nature of Taylor's offending, which involved sophisticated methods such as using falsified receipts and hiding items in locked cabinets, and targeted a wide range of businesses. The court found that the 24-month starting point was within the available range, distinguishing Taylor's offending from that in Jones v Police on the grounds of sophistication and breadth. The court also noted that the Judge's overall sentence, despite a calculation error, was appropriate and did not find the sentence disproportionately severe in light of Taylor's personal circumstances, including her health issues, eviction from her home, and the care of her dogs. The appeal was dismissed, and the original sentence was upheld.

Orders