R v Brown [2018] NZHC 2833 (1 November 2018)

Last Updated: 9 November 2018

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2017-092-8415 [2018] NZHC 2833

THE QUEEN

v

TRINITY BROWN

Hearing:	1 November 2018
Appearances:	H D Benson-Pope for Crown G T R Duff for Defendant
Judgment:	1 November 2018

SENTENCING REMARKS OF LANG J

R v BROWN [2018] NZHC 2833 [1 November 2018]

[1] Mr Brown, you appear for sentence today on a charge of unlawfully getting into a motor vehicle. The maximum sentence for that charge is two years imprisonment.

The charges

[2] The charge was laid after you became involved with a group of people who were carrying out burglaries and robberies on a systematic basis. During one of these, a BMW motor vehicle was stolen. Shortly after the theft of the motor vehicle, it was taken to an address in Manurewa where you were present. You and others then entered the vehicle and searched it, no doubt hoping to find items to steal.

[3] You pleaded guilty and were originally due to be sentenced by another Judge. You failed to appear for sentence and a warrant was issued for your arrest. This was finally executed last week, when you were arrested in Tauranga. You have been in custody since that time.

Submissions

[4] Your counsel originally submitted you should be required to come up for sentence if called upon to do so within 12 months. Given the fact that you failed to appear for sentence, I consider that to be an unrealistic submission. The pre-sentence report indicates a sentence of community detention should be imposed. I note, however, that in addition to absconding, you also have numerous convictions for breaching community work and breaching the conditions of your supervision.

[5] Your counsel points out that you have successfully served a sentence of community detention in the past. I do not consider that sentence to be appropriate now, particularly given the fact that you have already spent approximately nine days in custody. Instead, I consider a short sentence of imprisonment is appropriate. This should still see you released in sufficient time to attend the birth of your child, which I understand is due to occur in approximately one month’s time.

Sentence

[6] I take a starting point of two months imprisonment. I reduce that by two weeks to reflect your guilty plea. This results in an end sentence of six weeks imprisonment, meaning you will be eligible for release in approximately ten days time.

[7] On the charge to which you have entered a guilty plea, you are sentenced to six weeks imprisonment.

[8] Stand down.




Lang J

Solicitors:

Kayes Fletcher Walker, Manukau GTR Duff, Matai Chambers, Auckland