IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2014-409-000128 [2015] NZHC 147
BETWEEN GRANT TURNBULL
Plaintiff
AND
NEW ZEALAND POLICE Respondent
Hearing: 5 February 2015 Appearances:
P N Allan for Appellant
D L Elsmore and N A Pointer for RespondentJudgment:
12 February 2015
JUDGMENT OF GENDALL J
Introduction
[1] On 31 October 2014 Judge Garland1 sentenced Mr Turnbull to 12 months’ imprisonment on five charges of receiving stolen property and one charge of being found unlawfully in possession of ammunition. Reparation of $1000 was also ordered. Standard conditions of release until six months after the sentence end-date were also imposed. His Honour also made an order for the destruction of the ammunition and rifle bolts concerned here. The sentence arose from Mr Turnbull’s guilty plea to the charges in question following the giving of a sentence indication by Judge Garland.
[2] Specifically, the detail of those charges was:
(a) three charges of receiving where the value of the property received exceeds $1,000, respectively occurring between 12 May 2014 and 10
1 Police v Turnbull DC Christchurch CRI-2014-009-006590, 31 October 2014.
July 2014, one between 19 May 2014 and 10 July 2014, and one between 23 May 2014 and 10 July 2014;2
(b)one charge of receiving where the value of the property received exceeds $500 but does not exceed the sum of $1,000, which occurred between 13 May 2014 and 10 July 2014;3
(c) one charge of receiving where the value of the property received does not exceed $500, which occurred between 28 May 2014 and 10 July
2014;4 and
(d)one charge of being in possession of explosives, without some lawful, proper, and sufficient purpose.5
[3] Mr Turnbull now appeals against the sentence on the grounds that a sentence of home detention should have been imposed.
Background
[4] The facts giving rise to these charges were set out in Judge Garland’s
31 October 2014 sentencing notes:
[3] The facts relating to your offending are these. On 12 May this year the complainant Shi’s address in Havana Gardens in Christchurch was burgled and a 42 inch Panasonic television valued at $1000 was stolen. On
13 May the complainant Currie’s residential address at Aldwins Road in
Christchurch was burgled and a Toshiba laptop, three rifle bolts, two magazines and 303 and 7.9 millimetre ammunition valued at $600 was
stolen. On 19 May the complainant Ferguson’s residential address in
Havelock Street, Christchurch was burgled. His Toshiba laptop and suitcase valued at $2000 were taken from the address. On 23 May the complainant Tomkins address in Linwood Avenue, Christchurch was burgled and her Compac and Acer laptops valued at $1200 were stolen. On 28 May the complainant Voorhoeve’s residential address in Mackworth Street, Christchurch was burgled and his NEC laptop valued at $400 was stolen.
2 Crimes Act 1961, ss 246(1) and 247(a). Each offence is punishable by imprisonment for a term not exceeding seven years.
3 Sections 246(1) and 247(b). Each offence is punishable by imprisonment for a term not exceeding one…
Keep reading for free
Create a free CaseChat account to read Turnbull v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] NZHC 147
- Decision Date
CaseChat Overview and Summary
The court found that Judge Garland had not departed from his sentencing indication, which included a short term of imprisonment as a starting point, and was not statutorily required to grant Turnbull leave to withdraw his guilty plea. The court also found that Judge Garland was entitled to decline home detention based on Turnbull's uncooperative attitude, the gravity of the offending, and the fact that the offending occurred within his home. The court concluded that a sentence of imprisonment was appropriate to achieve the purposes of denunciation and deterrence, and that home detention would have undermined the necessary deterrent purpose of a sentence. The appeal was dismissed.
The standard conditions of release until six months after Turnbull's sentence end-date were varied to provide that during this six-month period, Turnbull is to undertake a suitably approved anger management course, such course to conclude within that six-month period.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.