IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CRI-2017-425-40 [2017] NZHC 3093
BETWEEN DANIEL FRANCIS WOODS
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 12 December 2017 Appearances:
S G Vidal for the Appellant
R W Donnelly for the RespondentJudgment:
13 December 2017
JUDGMENT OF DUNNINGHAM J
Introduction
[1] Between 6 and 16 June 2017, the appellant, Daniel Francis Woods, embarked on a spate of offending which left him facing 12 charges. These included six charges of burglary and one charge each of; unlawfully in a yard, receiving under $500, resisting police, assaulting a police officer, sustained loss of traction, and breach of release conditions.
[2] He pleaded guilty to all charges and was sentenced in the Invercargill District
Court on 10 August 2017, to two years and seven months’ imprisonment.1
[3] He now appeals his sentence on the basis that:
1 Police v Woods [2017] NZDC 17796.
WOODS v NEW ZEALAND POLICE [2017] NZHC 3093 [13 December 2017]
(a) the original starting point was too high;
(b) the uplift applied for the receiving charge was in error;
(c) the uplifts applied for the other offending were too great; and
(d) in all the circumstances the end sentence was manifestly excessive.
Background to the offending
[4] The offending which resulted in these charges began on 6 June 2017, when the appellant attempted to sell 27 stolen steel wheel rims to a scrap metal dealer in Invercargill.
[5] Between 9 and 17 June 2017, the appellant entered various farm sheds and a workshop, and stole chainsaws, tools, and other farm equipment. Some of these items were recovered, but not all were.
[6] On 10 June 2017, the appellant was stopped by police, because his vehicle number plates had either been removed or obscured. Although he behaved aggressively towards the police, he was permitted to leave after explaining that he had covered his number plates to take photographs in order to sell the vehicle. However, the appellant then drove off in such a way that he caused his tyres to skid and lose traction, and he continued to drive in this manner for a distance up the road. As a consequence, he was again stopped by police and arrested for sustained loss of traction. He then became abusive and uncooperative. When advised that he was going to be handcuffed he threatened to assault the officer. When police then attempted to handcuff him, a scuffle ensued in which one of the police officers sustained minor injuries.
[7] The breach of release conditions charge arose at the time the appellant was arrested for sustained loss of traction, as he was found to have a 15 year old girl in the car with him. At the time he was subject to a release condition not to associate with anyone under the age of 16, following his imprisonment in 2014 for sexual connection with a minor.
The District Court decision
[8] After reciting the facts of the…
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- Case
- [2017] NZHC 3093
- Decision Date
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