Wood v Police - [2018] NZHC 1629

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2018-404-000125

[2018] NZHC 1629

BETWEEN
JOSHUA RODOP WOOD

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 2 July 2018

Counsel:

CW Farquhar for Appellant NB Porter for Respondent

Judgment:

4 July 2018

JUDGMENT OF DOWNS J

This judgment was delivered by me on Wednesday, 4 July 2018 at 11 am.

Registrar/Deputy Registrar

Solicitors/Counsel:
CW Farquhar, Auckland.
Crown Solicitor, Auckland.

WOOD v POLICE [2018] NZHC 1629 [4 July 2018]

The appeal

[1] Judge B A Gibson sentenced Mr Wood to a term of imprisonment of two years and eight months after his “one man crime wave”.1 Mr Wood contends the sentence is manifestly excessive by approximately eight months.2 Police submit the sentence is comfortably within range. Central are charges of unlawfully taking a car; other car-related dishonesty; and reckless driving. Mr Wood failed to stop for Police and drove recklessly to escape them.

Facts

[2] On 17 September 2016, someone stole Mr Ben Townend’s Mitsubishi Lancer. The car was worth $10,000. Days later Mr Wood attempted to “hot wire” it by crossing the ignition wires. He could not. On 21 September 2016, someone stole Ms Cecelia Wu’s Subaru car from her home. Mr Wood was seen driving it two days later, as captured by CCTV footage. Mr Wood was charged with unlawfully interfering with a car and unlawfully getting into a car.

[3] On 17 December 2016, someone stole Mr Alexander McRobie’s Honda Torneo. It was worth $5,000. Mr Wood took the car the next day from colleagues, using a screwdriver to start it. Days later Police noticed the car near Mr Wood’s home. Inside his home, they found a cannabis “bong” and a glass pipe used to smoke methamphetamine. Mr Wood was charged with unlawfully taking a car, and possession of utensils for both cannabis and methamphetamine.

[4] On the afternoon of 10 February 2017, someone broke into Mr Dion Pou’s car. And, stole his wallet. At 2.35 that afternoon, Mr Wood bought $59.29 of items using Mr Pou’s ATM card. Mr Wood was charged with using the card for pecuniary advantage.

[5] Overnight on 1 March 2017, Mr Wood stole Mr Joel Sunde’s Mazda car worth approximately $10,000. Six days later, Mr Wood stole $40 worth of petrol for it. The

1 Police v Wood [2018] NZDC 5965 at [5].
2 In the District Court, Mr Wood accepted the sentence might be as much as two years and three months’ imprisonment.

next day (7 March 2017) Police approached the car. Mr Wood and a friend were inside. Mr Wood refused to get out and threatened the officers with a metal object. He resisted arrest. Police found a flick knife in the car, a screwdriver, torch, crowbar and homemade “ignition barrel puller”. Mr Wood was charged with possession of a knife in a public place, unlawfully taking a car, resisting Police and possession of instruments for conversion.

[6] On 14 September 2017, Mr…

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.

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Details

Case: [2018] NZHC 1629
Decision Date: 4 July 2018

CaseChat Overview and Summary

Joshua Rodop Wood appealed against a sentence imposed on him by the District Court. Mr Wood had committed a series of car-related offences, including unlawfully taking cars and driving recklessly to evade the police. On 2 June 2017, Mr Wood pleaded guilty to 17 charges. The District Court Judge sentenced Mr Wood to imprisonment for a total of 36 months. Mr Wood appealed on the basis that the sentence was manifestly excessive. The appeal was dismissed. The starting point of 16 months for the first unlawful taking of a car was correct. The remaining offending warranted a global starting point of 20 months. This was because Mr Wood had unlawfully taken a car and engaged in reckless driving to evade the police. The totality discount was also appropriate. The discount for Mr Wood's guilty pleas was also correct. Mr Wood had signalled his intention to plead guilty, but it was only when he actually pleaded guilty that the case could be considered over.

Orders