IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2024-419-38
[2024] NZHC 1960
JESSE MICHAEL TUDOR v
THE KING
Hearing: 8 July 2024 Appearances:
A Osama and M Fyers for Appellant L Glaser for Crown
Judgment:
16 July 2024
Reissued:
19 August 2024
JUDGMENT OF MUIR J
Sentence Appeal
This judgment was reissued by me on 19 August 2024 at 4.00pm,
………………………………… Registrar/Deputy Registrar
Solicitors:
McKenna King Hamilton Legal
TUDOR v R [2024] NZHC 1960 [16 July 2024]
Introduction
[1] Mr Jesse Tudor pleaded guilty to breaching a protection order, wilful damage of a dwelling house, and breach of release conditions. He was sentenced by Judge A I M Tompkins on 19 April 2024 to two years and three months’ imprisonment.1
[2] Mr Tudor now appeals his sentence of 27 months’ imprisonment on the basis that the sentence was manifestly excessive. He says that no starting point was identified, that no uplifts for criminal history or previous offending could have possibly resulted in an end sentence so high, and that the two-step methodology in Moses v R was not followed.2
The facts
[3] Mr Tudor is the adult son of the victim. On 20 October 2020, a Final Protection Order was issued by the Hamilton District Court in respect of an application in which Mr Tudor was the respondent and the victim was the applicant.
[4] On 29 October 2023 at about 9.55 pm the appellant arrived at the victim’s address in Hamilton where he damaged the exterior weatherboards,3 before texting the victim telling her to call him. When the victim called, Mr Tudor yelled at her asking where her tobacco was and threatening further damage to the house. He swore at the victim multiple times and called her a liar, before inflicting further damage and leaving the property.
[5] The breach of release conditions charge relates to a failure by Mr Tudor to report to his probation officer on 22 November 2023.
District Court decision
[6] Mr Tudor first came before Judge Tompkins for sentence on 18 March 2024. There was no final pre-sentence report (that is a pre-sentence report with appendices)
1 Police v Tudor [2024] NZDC 8770.
2 Moses v R [2020] NZCA 296, [2020] 3 NZLR 583.
3 Giving rise to the wilful damage charge.
available as Mr Tudor had, in direct terms, told the interviewing probation officer that he would not participate. The report that was before the Court (without Mr Tudor’s input) indicated that he had a high-risk of re-offending and a high-risk of harm to others. It was noted that he had little regard for community-based sentences and it was readily apparent to the Judge that the full range of sentencing responses available to the Court had been imposed since Mr Tudor’s first appearance in 2010 and had been of no deterrent value whatsoever.
[7] The Judge also had before him a detailed victim impact statement from the victim. She advised that for…
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