New Zealand Case Law: Decisions & Judgments

Topic

Receiving stolen property

Legal area

Court

8 Nov 2023

REEVES v THE CROWN [2023] NZHC 3140

Citation

[2023] NZHC 3140
Court

High Court

The Court found the Judge's separate starting points were within a generous but acceptable range and not wholly disproportionate to the overall gravity of the offending (totality was effectively respected). The Court accepted the uplift for prior convictions and offending on bail as stern but not erroneous. The Court allowed limited credit for time on EM bail (0.5 month) despite absconding, corrected an arithmetical error and the misapplication of discounts under Moses, recalculated the cumulative discounts and substituted a sentence of two years and two months' imprisonment.
22 Sept 2023

BIMLER v POLICE [2023] NZHC 2661

Citation

[2023] NZHC 2661
Court

High Court

The High Court recalculated an appropriate starting point by treating the two receiving charges as the lead offending (20 months) and imposing an 18‑month uplift for the serial shoplifting, a six‑month uplift for escape, and two months for remaining charges, producing a starting point which, after a 15% uplift for offending on bail and a limited uplift for prior convictions, and after applying 25% guilty plea credit and 15% personal mitigation credit and allowance for EM bail time, resulted in a reduced and proportionate sentence of 23 months' imprisonment; the original 29‑month sentence was…
28 Jun 2023

WIKI v DEPARTMENT OF CORRECTIONS [2023] NZHC 1634

Citation

[2023] NZHC 1634
Court

High Court

The Court held the starting point for driving whilst disqualified was excessive and reduced it (to about eight months), removed the one-month uplift for low-level breaches (entering convictions and discharging the breaches instead), fixed an adjusted starting point of 35 months, applied the Judge's personal factor allowances but added a discrete three-month credit for prolonged restrictive bail conditions despite minor breaches, and, having regard to youth and vulnerability and s 16 Sentencing Act, substituted a custodial sentence with nine months' home detention commencing 29 June 2023 (quas…
21 Mar 2023

STEPHENS v R [2023] NZCA 663

Citation

[2023] NZCA 663
Court

Court of Appeal

The Court held the starting point of 18 months was excessive given the evidence; there was no basis to find the value exceeded $10,000, a more appropriate starting point was about eight months with a one month uplift for utensils and mitigation reducing the sentence to imprisonment comparable to seven and a half months; in light of parity considerations and rehabilitation the Court quashed the home detention orders and substituted six months' supervision with special conditions.
21 Mar 2023

STEPHENS v R [2023] NZCA 73

Citation

[2023] NZCA 73
Court

Court of Appeal

The Court concluded the home detention sentences were inappropriate for the offending and substituted a six month supervision sentence with specified residence and treatment conditions as the appropriate and proportionate disposition.
11 Oct 2022

BLACKMORE v R [2022] NZHC 2617

Citation

[2022] NZHC 2617
Court

High Court

The High Court held the District Court Judge's inference that the appellant either knew the bracelet was stolen or was reckless as to that fact was open on the evidence; the Judge's misstatement about the exact moment to assess knowledge was immaterial given the short interval between acquisition and surrender; no miscarriage of justice was shown, so the appeal was dismissed and the conviction upheld.
29 Aug 2022

SHORT v NEW ZEALAND POLICE [2022] NZHC 2158

Citation

[2022] NZHC 2158
Court

High Court

Judge Garland lacked accurate information about the earlier District Court sentencing, so his cumulative sentence was manifestly excessive; the correct approach was to reassess the receiving charge in the context of Judge Maze's overall sentencing and impose a reduced cumulative three months' imprisonment for the November receiving offence while confirming the earlier cancellation of community work and granting leave to appeal out of time.
6 Jul 2022

MANUKAU v NEW ZEALAND POLICE [2022] NZHC 1591

Citation

[2022] NZHC 1591
Court

High Court

The trial Judge's rejection of the appellant's unsworn interview account was open on the evidence given the combination of factors (late hour, screwdriver in ignition, broken quarter glass, mismatched registration details, implausible due diligence claim and vague source of vehicle) and thus proved recklessness; the previously undisclosed notebook and EVI were admitted as fresh evidence but would not have altered the outcome, so no miscarriage of justice occurred and the conviction stands.
17 Dec 2021

CARPENTER and TEMPLE v NEW ZEALAND POLICE [2021] NZHC 3545

Citation

[2021] NZHC 3545
Court

High Court

The Court found the uplift for balance offending was not excessive given the collective maximum penalties and representative nature of offending and upheld Mr Carpenter's sentence; however the Court accepted that Ms Temple had not been adequately credited for 22 days in custody and reduced her six months' home detention to four and a half months to correct a manifestly excessive outcome caused by that error.
10 Nov 2021

TOWLER v POLICE [2021] NZHC 3010

Citation

[2021] NZHC 3010
Court

High Court

The High Court held the overall sentence was not manifestly excessive: the starting points and uplifts were open to the sentencing Judge given the value and circumstances of the stolen vehicle, representative nature of the document alterations, aggravating factors including offending while on community work and poor compliance with EM/bail, and a 25% guilty plea discount had been applied; there was no evidential basis for an addiction discount and home detention was inappropriate given the risk and compliance history, so the appeal was dismissed.