Wilson v Police - [2022] NZHC 3087

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2022-409-136

[2022] NZHC 3087

BETWEEN
TANIA RAWINIA WILSON

Applicant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 22 November 2022

Appearances:

R A Peters for Applicant L Fiennes for Respondent

Judgment:

24 November 2022

JUDGMENT OF DUNNINGHAM J

This judgment was delivered by me on 24 November 2022 at 11 am, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

WILSON v NEW ZEALAND POLICE [2022] NZHC 3087 [24 November 2022]

Introduction

[1]Tania Rawinia Wilson pleaded guilty to the following charges:

(a)common assault (under the Crimes Act 1961);1

(b)common assault (under the Summary Offences Act 1981) (x 4);2

(c)resisting police (x 2);3

(d)theft (under $500) (x 3);4

(e)wilful damage;5 and

(f)disorderly behaviour.6

[2] On 6 September 2022, Ms Wilson was sentenced by Judge Couch in the Christchurch District Court to nine months’ imprisonment for the above charges.7

[3] While the charges are not all specified in the sentencing decision, it appears Ms Wilson was also for re-sentence on the following charges:

(a)possession of a cannabis utensil;8

(b)assaulting police (under the Crimes Act) (x 2);9

1      Crimes Act 1961, s 196 – maximum penalty of one year’s imprisonment.
2      Summary Offences Act 1981, s 9 – maximum penalty of six months’ imprisonment or a fine of
$4,000.
3      Summary Offences Act, s 23(a) – maximum penalty of three months’ imprisonment or a fine of
$2,000.
4      Crimes Act, ss 219 and 223(d) – maximum penalty of three months’ imprisonment.
5      Summary Offences Act, s 11(1)(a) – maximum penalty of three months’ imprisonment or a fine of $2,000.
6      Summary Offences Act, s 4(1)(a) – maximum penalty of $1,000 fine.
7      Police v Wilson [2022] NZDC 17459.
8      Misuse of Drugs Act 1975, s 13(1)(a) and (3) – maximum penalty of one year’s imprisonment and/or a fine of $500.
9      Crimes Act, s 196 – maximum penalty of one year’s imprisonment.

(c)resisting police (x 2);10 and

(d)theft (under $500).11

[4] On these charges, the Judge re-sentenced Ms Wilson to three months’ imprisonment, to be served cumulatively, resulting in an overall sentence of 12 months’ imprisonment. Ms Wilson now appeals that sentence.

Factual and procedural background

[5] On 2 August 2021, Ms Wilson was sentenced to 12 months’ intensive supervision and 80 hours’ community work on charges of assaulting police (under the Crimes Act) and resisting police committed on 25 July 2021. On 8 October 2021, she was then sentenced to a further 160 hours’ community work for another charge of assaulting police (under the Crimes Act), resisting police and possession of a cannabis utensil, all committed on 2 October 2021. On 6 January 2022, Ms Wilson was then sentenced to pay reparation of $19.99 for theft (under $500) committed on 24 December 2021. She largely failed to comply with the sentence so an application to re-sentence her was made to be heard at the same time as the 6 September 2022 sentencing on the…

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 Wilson v Police

Details

AGLC: Wilson v Police [2022] NZHC 3087
Case: [2022] NZHC 3087
Decision Date: 24 November 2022

CaseChat Overview and Summary

In the High Court of New Zealand, Tania Rawinia Wilson appealed against her sentence imposed by the Christchurch District Court. Wilson was sentenced to twelve months imprisonment for various charges including assault, resisting police, theft, and disorderly behaviour. The District Court Judge re-sentenced Wilson to an additional three months imprisonment, to be served cumulatively with the initial sentence. Wilson argued the sentence was manifestly excessive and sought a reduction to nine months imprisonment. The court considered the starting point, uplifts, and discounts applied by the District Court Judge. The High Court found no error in the starting point or uplifts applied. However, the court found the Judge did not err in not applying a discount for time spent in custody or restrictive bail conditions, and the 20% discount for guilty pleas was appropriate. The appeal was dismissed, maintaining the twelve-month sentence.

Orders