| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA382/2020 [2020] NZCA 647 |
| BETWEEN | BRIAN EDWARD TE HUIA |
| AND | THE QUEEN |
| Hearing: | 11 November 2020 |
Court: | Brown, Duffy and Nation JJ |
Counsel: | G Walsh for Appellant |
Judgment: | 15 December 2020 at 10.30 am |
JUDGMENT OF THE COURT
A The application for an extension of time to appeal is granted.
B The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Brown J)
Introduction
Following a sentence indication Mr Te Huia pleaded guilty to several charges, primarily for dishonesty offences. He was sentenced in the District Court at Hamilton to five years and nine months’ imprisonment with a 50 per cent minimum period of imprisonment.[1] He appeals against that sentence on two grounds:
(a)the starting point of seven years’ imprisonment was too high; and
(b)insufficient discount was allowed for his personal circumstances.
[1]R v [Te Huia] [2020] NZDC 3141 [District Court sentencing notes].
Mr Te Huia’s appeal was filed over four months out of time. It appears that the delay was primarily attributable to disruption occasioned by the COVID-19 pandemic. The Crown accepts there is no prejudice as a consequence of the delay and does not oppose an extension of time. Accordingly the extension of time to appeal is granted.
Factual background
Mr Te Huia was charged with eight representative charges of burglary. His targets were rest-homes and retirement villages. As the sentencing notes record:[2]
You would walk around the facilities looking for residents who may have been away from their home. You tried to fit into the environment by wearing clothing that was appropriate. You held a clipboard or paper in your hand so it looked as if you had a right to be there. Once you had identified a target you then broke into their home and you would take items of value, jewellery, purses, wallets and credit cards …
[2]At [2].
The unlawful use of those credit cards gave rise to 16 charges of dishonestly using a document, one of which was representative.
The offending comprised a number of episodes spanning the period from 2016 to 2018:
· During July and October 2016 Mr Te Huia stole cash, jewellery, wallets and credit cards from several retirement home units in and around Auckland.
· When interrupted by staff members on 5 October he leapt from a second storey balcony to avoid capture and struggled violently with and made threats against staff members who restrained him until police arrived. This gave rise to three assault charges. On arrival police found cannabis in Mr Te Huia’s pocket.
· After pleading guilty to the 2016 charges Mr Te Huia was admitted to the Alcohol and Other Drug Treatment Court (AODT Court) in March 2017. However, he absconded from the programme in January 2018. The following month he stole from two units in a Pakuranga retirement village, on one occasion waking the 71-year-old occupant.
· Also in February 2018, Mr…
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- AGLC
- Te Huia v The Queen [2020] NZCA 647
- Case
- [2020] NZCA 647
- Decision Date
CaseChat Overview and Summary
The Court grants the application for an extension of time to appeal, having regard to the disruption occasioned by the COVID-19 pandemic. The Crown accepts there is no prejudice as a consequence of the delay and does not oppose an extension of time.
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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