Walker v Police - [2021] NZHC 2630

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2021-463-083

[2021] NZHC 2630

BETWEEN
ROBERT WALKER

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 4 October 2021

Appearances:

A Burns for Appellant

L J Evans for Respondent

Judgment:

4 October 2021

JUDGMENT OF LANG J

[on appeal against sentence]

This judgment was delivered by me on 4 October 2021 at 3.30 pm.

Registrar/Deputy Registrar Date……………

Solicitors:
Crown Solicitor, Rotorua

WALKER v NEW ZEALAND POLICE [2021] NZHC 2630 [4 October 2021]

[1] Following a Judge-alone trial in the District Court Judge R G Marshall found Mr Walker guilty on a charge of burglary and a charge of intentional damage.1 On 7 July 2021, the Judge sentenced Mr Walker to 18 months imprisonment.2

[2] Mr Walker appeals against sentence.3 He contends the Judge ought to have sentenced him to home detention rather than imprisonment.

Factual background

[3] Mr Walker faced two charges of burgling the Howard Morrison Performing Arts Centre in Central Rotorua. These related to burglaries of the premises that occurred over the weekends of 27-28 November and 4-5 December 2020. Judge dismissed the charge relating to the latter but found the other charge proved.

[4] In November 2020 the centre was undergoing repairs for damage caused by an earthquake. Mr Walker was working for a sub-contractor engaged to carry out work on the building.

[5] The building was secured on the evening of Friday 27 November 2020. At some stage during the weekend Mr Walker climbed through a fence that had been erected around the construction site. He then gained entry to the building by climbing a scaffold at the front of the building. This took him to a window that he entered.

[6] Once inside the building, Mr Walker cut various cables and then used a ladder to climb into a large ducting unit. He used this to gain access to a room containing the air conditioning equipment for the building. Once inside that room Mr Walker caused a considerable amount of damage by cutting cables and taking doors off switchboards. He caused an extensive amount of damage to the room.

[7] Mr Walker’s role in the offending was discovered after the police obtained a fingerprint lift from the inside of an electrical box in the air conditioning room. The

1      New Zealand Police v Walker [2021] NZDC 13417.
2      New Zealand Police v Walker [2021] NZDC 13830.
3      Mr Walker originally appealed against both conviction and sentence but abandoned the appeal against conviction prior to the hearing before me.

Judge considered there was no credible explanation for Mr Walker’s fingerprint in that particular location other than that it had been left there during the burglary.

[8] The burglary had significant consequences. First, it required substantial financial outlay to repair. This cannot be quantified for present purposes because damage was caused during both burglaries and it is not possible to determine the order in which it occurred. Secondly, there was considerable…

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 Walker v Police

Details

AGLC: Walker v Police [2021] NZHC 2630
Case: [2021] NZHC 2630
Decision Date: 4 October 2021

CaseChat Overview and Summary

In this case, the appellant, Mr Robert Walker, was found guilty of burglary and intentional damage following a trial in the District Court. He appealed against his sentence of 18 months imprisonment, arguing that he should have been sentenced to home detention instead. The appeal was heard by the High Court in Rotorua and was dismissed. The appellant was convicted of burgling the Howard Morrison Performing Arts Centre in Rotorua on two occasions in November and December 2020. The appellant gained entry to the building by climbing a scaffold and then cut various cables and damaged equipment in a room containing the building's air conditioning. The appellant's role in the offending was discovered when a fingerprint was lifted from an electrical box inside the room. The District Court Judge sentenced the appellant to 18 months imprisonment, reduced by six months due to his compliance with EM bail and the fact that he had not offended for approximately ten years. The Judge declined to impose a sentence of home detention, finding that it would not meet the principles and purposes of sentencing. The Judge emphasised the seriousness of the offending and the need to send a deterrent message. The appellant argued that the Judge should have imposed a sentence of home detention instead of imprisonment, given his compliance with the conditions of EM bail and the fact that he was at low risk of reoffending and low risk of harm to others. However, the High Court found that the Judge had exercised his discretion to impose a sentence of imprisonment in accordance with the principles and purposes of sentencing and dismissed the appeal against sentence.

Orders