R v Arps [2017] NZDC 15492 (14 July 2017)

Last Updated: 12 December 2017

IN THE DISTRICT COURT AT CHRISTCHURCH

CRI-2016-009-005467 [2017] NZDC 15492

THE CROWN

NEW ZEALAND POLICE

Prosecutors

v

HARLEY JAMES ARPS SHANE DAVID SAMPSON-ARPS Defendants

Hearing:	14 July 2017
Appearances:	P Currie for the Crown S Burdes for the Prosecutor New Zealand Police K Feltham for the Defendant Arps K Cook for the Defendant Sampson-Arps
Judgment:	14 July 2017

_{NOTES OF JUDGE J A FARISH ON SENTENCING}

[1] Harley and Shane; and I going to call you that because it is easier than trying to call you Sampson-Arps and Mr Arps because it will get very, very confusing.

[2] I saw you both on 22 May and I gave you both a sentence indication on a very serious charge of kidnapping. It arises out of events in May when, after an argument that arose in the course of a social occasion that you were both at, you took the victim out to a shed where you were all associating and gave him what could be described as a serious beating. He was kicked, beaten around the head and the body and at some

_{stage he was either hit with a piece of wood or some other item. You then placed him}

THE CROWN v HARLEY JAMES ARPS [2017] NZDC 15492 [14 July 2017]

in the boot of the vehicle and he was extremely frightened. He thought he was going to die; genuinely thought he was going to die and you drove him out to a rural area. He thought the trip took about an hour and he was very, very frightened that you were going to seriously assault him further or, in fact, kill him. Luckily that did not happen. He managed to get away and you drove off in the middle of the night and he finally stumbled out onto the road. He received injuries to his face, head, neck, back and legs, however, the full extent of those injuries when I gave you the sentence indication were not known. Fortunately, he does not suffer from any ongoing physical issues. However, he does suffer from significant mental health issues as a result of your offending. He has significant nightmares and headaches, stress, panic attacks and post traumatic stress disorder because he was, as he said, he felt utterly powerless whilst you men took him away.

[3] I said to you that I thought that the starting point was somewhere around three years’ imprisonment and for you Mr Shane Arps, I said in relation to the kidnapping, I would come down to 26 months’ imprisonment after giving you full credit for 25 percent and for you Harley, I thought that it was around 24 months’ imprisonment and I left the door open for both of you as to home detention because I did not know much about you, and for you Shane, I wanted a psychiatric report because there was material that indicated that there may be some psychiatric problems. You do have significant psychiatric problems. However, that does not relate to why it was you offended in such a serious, violent way, but I am going to direct that a copy of that psychiatric report be provided to the prison because unless something is done for you in relation to some psychological or psychiatric counselling, you are likely to trigger a third strike warning and you have already triggered your second strike warning.

[4] For you Shane, I said to you that I thought that the additional police matters would attract a further four to six months’ imprisonment and I am going to keep that as low as possible because I am cognisant of the fact that you are going to serve your whole sentence; you are not eligible for parole. So, in relation to you Shane, I do not see there as being any further credit that I can give you other than the full 25 percent that I have given you. There are no mental health issues that are directly relevant to your offending. So the end sentence for you is 30 months’ imprisonment, so it is

26 months which you have to serve without parole and there is four months’ imprisonment which I have added on which are cumulative in relation to the dishonestly taking the motor vehicles, the breach of bail and the theft charge.

[5] In relation to you Harley, it was looking reasonably positive at the beginning in relation to home detention because you had been on EM bail for such a lengthy period of time and I was hopeful that that would become an option, however, it is no longer an option at the moment. As I said, I ended up at 24 months’ imprisonment for you. You are not like your cousin, Shane. You are eligible for parole at 50 percent of that sentence of 24 months, so the end sentence for you is one of 24 months’ imprisonment. I have not added anything on for the breach of community work. I have convicted and discharged you and I have cancelled those existing hours.

J A Farish

District Court Judge