Published 15 February 2022
Sentencing — shoplifting — assault — trespass — possession of utensils for consuming methamphetamine — possession of cannabis — burglary — assault with intent to injure — injuring with intent to injure with reckless disregard — theft — receiving stolen property — using a document — aggravated assault — escaping custody — resisting police — unlawfully in a building — wilful damage — failing to appear in Court — addiction issues — Zhang v R [2019] NZCA 507 — Crimes Act 1961, ss 120, 189, 192, 193, 196, 219, 223, 228, 246 & 247 — Trespass Act 1980, ss 4(4) & 11(2)(a) — Bail Act 2000, s 38(a) — Misuse of Drugs Act 1975 ss 7 & 13 — Sentencing Act 2002, s 70(a) — Summary Offences Act 1981, ss 11, 23(a) & 29. The defendant appeared for sentence on 32 charges, including shoplifting, assault, trespass, burglary, theft, using a document, and drug-related offending. The charges arose from multiple incidents over a period of more than two years. The parties agreed that the offending was driven by the defendant's addiction issues, but because of the number of charges and likely sentence the defendant was facing he didn't meet the criteria for the Alcohol and Other Drug Treatment Court. However the Court noted that evidence indicated that the defendant's addiction issues likely came from difficulties he had while growing up, and that he was willing to take steps to address his addiction issues. The Court also noted that some of the charges, involving violence and breaking into residential properties, were serious. The start point for sentence was five years' imprisonment, with a one-year discount for the defendant's addiction issues and his willingness to address them. With an additional discount for guilty plea, the final sentence was three years two months' imprisonment. Judgment Date: 5 December 2019.
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