R v Bush [2022] NZDC 1777 (4 February 2022)

Last Updated: 5 February 2023

EDITORIAL NOTE: CHANGES MADE TO THIS JUDGMENT APPEAR IN [SQUARE BRACKETS]

IN THE DISTRICT COURT AT AUCKLAND I TE KŌTI-Ā-ROHE KI TĀMAKI MAKAURAU

CRI-2020-004-008979

[2022] NZDC 1777

THE QUEEN

v

NICHOLAS JAMES BUSH

Hearing:	4 February 2022
Appearances:	I Archibald for the Crown K Hamblin for the Defendant
Judgment:	4 February 2022

NOTES OF JUDGE E P PAUL ON SENTENCING

[1] Nicholas James Bush, you are now for sentence on a charge of burglary and four charges of using a document. You accepted a sentence indication from me back on 2 July last year where I indicated after a discount for guilty plea a three year, four month and two week jail sentence, but further reductions for rehabilitation time on electronically monitored bail. In the sentence indication I set out the facts of your offending and I direct a copy of the sentence indication is attached to the sentencing notes today.

[2] In short, this was a burglary of the Trelise Cooper business where high-end fashion garments were stolen, estimates in excess of $750,000 with a very small portion only having been recovered. There is also charges of using a document, which I referred to in the sentence indication.

R v NICHOLAS JAMES BUSH [2022] NZDC 1777 [4 February 2022]

[3] I have received two victim impact statements, one from Dame Trelise Cooper and one from a [witness A]. They are lengthy and helpful victim impact statements. What is recorded for Dame Trelise Cooper is the burglary on her premises in 2020 had a long lasting and far reaching effect. It caused personal and business massive reputational damage that she says is ongoing today.

[4] There is obviously significant media interest and sadly with this type of offending, the microscope, quite wrongly, went on the employees of Trelise Cooper as to the offending. So significant emotional harm as well to the staff of that company and that is further highlighted in the victim impact statements by [witness A] where she says the sense of loss and violation was heightened by the fact that the making of those collections, more challenging than usual, had been made during a prolonged lockdown which in itself was stressful, challenging, frustrating and scary. She concludes:

This was a horrible, stressful situation to deal with for all staff members and for our key management and the impact is continuing to impact on the workloads for several of their team.

[5] In terms of the offending, that is the burglary, I fixed a three and a half year starting point and uplifted that by one year for the using document charges.

[6] Today, I have heard from your counsel and from the Crown. The Crown accept there must be some discount for the causal connection between your obvious addiction and the offending. They also acknowledge there must be some discount for time on electronically monitored bail and your efforts at rehabilitation in the community which have been referred to by counsel but include time at Clean and Sober, Wings Trust and Bridge.

[7] Ms Hamblin, on your behalf, Mr Bush, submits you have spent at least 10 months on electronically monitored bail and the courts acknowledge that time will result in some discount. She has enumerated the time you have spent when in the community up until now at rehabilitation. I do not intend repeating that. She seeks a higher discount for your efforts at rehabilitation given your initial reluctance and then your willingness to complete those programmes. Also, she seeks a discount for the

s 27 factors there referring to your addiction and the causative effect on your offending, but also she refers to depravation experienced by you in your formative years.

[8] What that results in is this. From a nominal starting point of four and a half years for all offending, I confirm a discount of 25 per cent for the guilty plea. For the acknowledged addiction which has a causal link to your offending, I see a 10 per cent discount. And then your efforts in the community to rehabilitate yourself I see a five per cent discount. That would result in a total of a 40 per cent discount from the nominal starting point, ending in 32 months imprisonment. I then take a further three months imprisonment off for the time you spent on electronically monitored bail, which would result in an end sentence of two years, five months imprisonment and I intend imposing that sentence on each of the charges.

[9] As to the issue of reparation, you have no prospect or ability to pay. You will be serving a term of imprisonment and only once you have satisfied the Parole Board that you are no longer an undue risk to the community will you be returned to the community after serving an initial term of imprisonment.

[10] I would expect the Parole Board will require you to complete an intensive drug rehabilitation programme in the prison setting. As a Parole Board Convenor, I am aware those types of intensive rehabilitation programmes cannot be replicated in the community and it is likely you will be sentence planned to do that.

[11] Accordingly, no reparation is ordered today. On these charges you are to serve a two year, five month term of imprisonment and for your existing North Shore charges, you already have a date of 9 February.

E P Paul

District Court Judge