IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2019-409-000052
[2019] NZHC 1227
BETWEEN SHAUN FRANCIS WHITTAKER
Appellant
AND
THE QUEEN
Respondent
Hearing: 30 May 2019 Appearances:
M Zintl for Appellant
J H Whitcombe for Respondent
Judgment:
31 May 2019
JUDGMENT OF GENDALL J
WHITTAKER v R [2019] NZHC 1227 [31 May 2019]
[1] On 24 January 2018 Judge Garland in the District Court at Christchurch sentenced the appellant Shaun Whittaker to six years and six months’ imprisonment on a number of charges. Mr Whittaker was sentenced following his guilty plea on one charge of aggravated robbery, four charges of dishonestly using a credit card to obtain property or to obtain a pecuniary advantage, one charge of possessing an offensive weapon in a public place, one charge of dishonestly and without claim of right getting into a vehicle, one charge of driving while disqualified third or subsequent, and one charge of common assault.
[2]Mr Whittaker now appeals that sentence.
[3] The appellant’s Notice of Appeal here was filed slightly out of time and he now seeks leave to extend the time for filing of his Notice of Appeal. There is no opposition from the respondent to the granting of this leave. Leave extending the time for filing this appeal is appropriate in the circumstances outlined by the appellant here and is granted. I now turn to consider the substantive appeal.
Facts
[4] As to the background facts relating to this appeal, on 7 July 2006 the appellant was convicted of driving whilst disqualified and disqualified from driving indefinitely. Despite this, in the morning of 3 September 2017, the appellant unlawfully took and drove away a white Ford Fiesta motor vehicle from a driveway in Templeton, Christchurch.
[5] At approximately 7.15 pm on that day, 3 September 2017, Mr Whittaker entered the residential address of people he knew, Owen and Joanne Stenton in Templeton. The Stentons are aged 67 and 64 respectively. The appellant aggressively pointed what he represented to be a short-barrelled firearm at the Stentons and shouted, “[g]et the money, get it out of the safe, I know there is a safe”. He pointed the firearm at Mrs Stenton and tapped the barrel on her chest as she backed away. She then picked up her phone to call 111 which caused Mr Whittaker to shove her arm causing her to stumble and drop the phone. Mr Stenton then told Mr Whittaker there was no safe or
money. The appellant then presented a small bullet in a threatening manner and told Mr Stenton he would shoot him. The pair began struggling and Mr Whittaker stabbed Mr Stenton’s hand with a screwdriver causing a graze to his hand and then, again, the appellant threatened him. Shortly after, Mr Stenton told Mr Whittaker he only had
$30 and went to remove it from his phone case. Mr Whittaker grabbed the phone and took it along with the $30 and four bank cards which were…
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- AGLC
- Whittaker v The Queen [2019] NZHC 1227
- Case
- [2019] NZHC 1227
- Decision Date
CaseChat Overview and Summary
The High Court considered the legal issues, including whether the starting point for the aggravated robbery charge was appropriate, whether the sentencing judge should have adjourned the proceedings to consider restorative justice, and whether the sentence should have been discounted for genuine remorse. The Court found that the starting point of seven years was within range given the aggravating factors present in the case, that there was no basis to determine whether the restorative justice process was appropriate, and that the sentencing judge was best placed to assess the appellant’s remorse.
The Court concluded that there was no error in the sentence imposed and dismissed the appeal against sentence. The application for an extension of time to appeal was granted.
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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