IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2018-409-000003
[2018] NZHC 732
BETWEEN TONY JOHN WILLIAMS
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 19 April 2018 Appearances:
D Goldwater for the Appellant S J Mallett for the Crown
Judgment:
19 April 2018
ORAL JUDGMENT OF DUNNINGHAM J
Introduction
[1] On 8 December 2017, the appellant was sentenced to two years and two months’ imprisonment, having pleaded guilty to a charge of burglary.1 He now appeals this sentence, arguing that the starting point was too high and the Judge should have given him further discounts.
Background facts
[2] At the time of the offending, the appellant had been employed by Armourguard security for two and a half years. As part of his role, he regularly re-stocked an ASB ATM in a laundromat shop in Rolleston. To allow that, he was provided with various keys and alarm codes needed to access the machine through that shop.
1 Police v Williams [2017] NZDC 28197.
WILLIAMS v NEW ZEALAND POLICE [2018] NZHC 732 [19 April 2018]
[3] The appellant devised a plan to steal the money inside the ATM. He told the pre-sentence report writer that he had carefully selected that ATM because of the laundromat’s relatively limited security set-up. He memorised the access codes and chose a time when the ATM would contain a significant amount of money.
[4] At 2.07 am on Saturday, 21 January 2017, the appellant gained unauthorised access to the laundromat. He disarmed the alarm and unlocked the ATM. He removed
$179,300 from the machine. He then fled the laundromat, leaving the rear of the ATM open. He resigned from his role at Armourguard three days later.
[5] Armourguard conducted an internal investigation, as did the Police. When spoken to by the Police, the appellant admitted he was responsible. He showed the Police where he had buried $130,000 in his garden, and a further $10,000 in his home. In total, $141,331.90 was recovered. The remaining $37,818.10 was later repaid by the appellant on the day of his sentencing, thanks to help from his family.
District Court decision
[6] The Judge noted that the appellant had a limited conviction history. His three prior convictions were in 2007 and did not involve dishonesty. While not aggravating the current offending, it meant the appellant was not entitled to a discount for previous good character.
[7] The Judge also noted that the report-writer could not discern any real remorse in the appellant for the victims of his offending, which included his co-workers. The appellant blamed his offending on his issues with alcohol. However, the Judge agreed with the report-writer who did not consider alcohol use to be a factor in this offending as the appellant was not intoxicated at the time of the offending. Rather, it was a well-planned heist.
[8] The Judge noted that Armourguard had suffered further loss from the theft. At the time, he said, it had to pay a $25,000…
Continue reading Williams v Police
Sign in free to access the full text
- AGLC
- Williams v Police [2018] NZHC 732
- Case
- [2018] NZHC 732
- Decision Date
CaseChat Overview and Summary
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.