H v Police HC Invercargill CRI 2008 425 17 [2008] NZHC 1006 (1 July 2008)

Last Updated: 7 August 2015

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

_{CRI 2008 425 17}

H

Appellant

v

POLICE

_Respondent

Hearing: 1 July 2008

Appearances: Appellant in Person

M A Mika for Respondent

Judgment: 1 July 2008

_{ORAL JUDGMENT OF CHISHOLM J}

[1] This is an appeal against a sentence of 125 hours community work imposed for the possession of a weapon, namely, a baseball bat. The appellant had pleaded guilty to the offence.

[2] The incident arose after the appellant had become upset about his step-father who lived with his mother in a property next door. The appellant went to his mother and step-father’s house with a baseball bat where he yelled veiled threats at his mother and then left. After leaving the house he hit a wheelie bin with the bat and

_{then waited peacefully for the police to arrive.}

H V POLICE HC INV CRI 2008 425 17 1 July 2008

[3] Today Mr H explained his situation. He no longer lives next door to his mother and step-father and currently there is no contact between them, but hopefully it may be possible for them to resume contact in the future. He told me about aggressive conduct by his step-father which prompted him to act in this way. Given that his mother and step-father called the police and he was charged he thought that he would lay charges against his step-father. On reflection, however, he has sensibly decided to let bygones be bygones and to try and start again.

[4] Mr H has been in full-time employment since he was 16. One of the reasons that he appealed his sentence is that he is worried that the sentence of community work might interfere with his employment. I am sure that Corrections will ensure that this does not happen. While it is Mr H ’s preference that he pay a fine rather than serve a sentence of community work, I have explained to him that I am only entitled to interfere with the sentence imposed by the District Court Judge if it is manifestly excessive or is wrong in principle. Unfortunately for Mr H I cannot say that either of those matters have been established in this case which means that the sentence imposed stands. The appeal is dismissed.

Solicitors: Crown Solicitor, Invercargill

Copy to: The Appellant