New Zealand Case Law: Decisions & Judgments

Topic

Wilful trespass

Legal area

Court

3 Mar 2021

FABLING v POLICE [2021] NZHC 363

Citation

[2021] NZHC 363
Court

High Court

The trespass conviction was quashed because the conviction recorded the wrong place/date and there was no evidence that the appellant wilfully trespassed at the place specified; the convictions for offensive language and offensive behaviour were upheld because the trial judge was entitled to prefer the librarians' credible evidence that the appellant used deeply racist and offensive language and behaved offensively in a public library.
21 Dec 2020

HALLETT v NEW ZEALAND POLICE [2020] NZHC 3472

Citation

[2020] NZHC 3472
Court

High Court

Conviction appeal dismissed because appellant failed to challenge prosecution evidence at trial and the trial judge's factual and legal findings (ownership/occupier status, application of s38 presumption, and admission of hunting) stood; sentence appeal allowed because 300 hours community work was manifestly excessive on the facts compared with relevant precedent (Parnwell distinguished) and was reduced to 150 hours community work.
30 Jul 2020

TIPUNA v R [2020] NZHC 1883

Citation

[2020] NZHC 1883
Court

High Court

Although the Judge should not have accepted and treated as aggravating the inference that the appellant brought the weapons to the address without offering a disputed facts hearing, the overall starting point, uplifts and the end sentence of two years and three months' imprisonment were within the available range and the appeal is dismissed.
1 Jul 2020

PATERSON v NEW ZEALAND POLICE [2020] NZHC 1532

Citation

[2020] NZHC 1532
Court

High Court

Although the District Court Judge may have referred to the co‑defendant's criminal record in error, considering the appellant's limited prior convictions, guilty plea, the statutory maximum penalty and the purpose of the sentence, the come‑up‑if‑called within nine months order was within the available range and not manifestly excessive, so the appeal is dismissed.
4 May 2020

PATERSON v NEW ZEALAND POLICE [2020] NZCA 139 at 3.30 pm]

Citation

[2020] NZCA 139
Court

Court of Appeal

Leave to bring a second appeal against conviction is declined because the applicant did not establish a miscarriage of justice—there was no procedural unfairness in the telephone hearing and the Judge was entitled to prefer the prosecution's maps and evidence establishing the tank was on Wilberg Farm; leave to bring a second appeal against sentence is declined for want of jurisdiction because the applicant's first appeal to the High Court on sentence remains undetermined.
29 Jul 2019

PATERSON v NEW ZEALAND POLICE [2019] NZHC 1796

Citation

[2019] NZHC 1796
Court

High Court

Police evidence of a contemporaneous GPS reading and a police map overlay showing the water tank inside the Wilberg Farm boundary was cogent; the appellant's aerial maps lacked property boundaries, were hearsay and did not rebut the police evidence. The appellant failed to show a miscarriage of justice under s232; appeal dismissed.
26 Jun 2019

FIELDING v R [2019] NZHC 1472

Citation

[2019] NZHC 1472
Court

High Court

The High Court found a miscarriage of justice because relevant mitigating material and the true consequences of conviction (mental health harm, loss of homestay role and employment prospects) were not before the District Court; those consequences are out of all proportion to the gravity of a single wilful trespass offence; therefore conviction was quashed and the appellant discharged without conviction under s 106 Sentencing Act 2002.
31 May 2019

R v BEAUMONT [2019] NZHC 1235

Citation

[2019] NZHC 1235
Court

High Court

Offending was Band 2 wounding with intent; starting point fixed at 6.5 years then uplifted to 7 years to account for additional charges; mental health mitigation warranted a one year reduction to 6 years; a 20% guilty plea discount applied to reach a final sentence of four years and ten months imprisonment. Mental health reduced need for deterrence but did not materially reduce moral culpability.
1 Mar 2019

HAEREROA v NEW ZEALAND POLICE [2019] NZHC 318

Citation

[2019] NZHC 318
Court

High Court

Although the starting point for the obtaining by deception charges was at the higher end of the available range, and the sentencing Judge misstated the total loss figure, the combined starting points and uplifts were proportionate in all the circumstances; there was no significant error requiring appellate substitution and the sentence of four and a half years' imprisonment was not manifestly excessive; appeal dismissed.
8 Nov 2018

THORNICROFT v NEW ZEALAND POLICE [2018] NZHC 2895

Citation

[2018] NZHC 2895
Court

High Court

The sentencing Judge erred by treating connected offences as cumulative, failing to apply ss 84 and 85 Sentencing Act 2002 and not properly discounting for an early guilty plea; the 11 month sentence was manifestly excessive and is substituted with a six month imprisonment term plus specified rehabilitative release conditions.