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R v Paul [2022] NZDC 8921

Published 03 February 2023

Discharge without conviction — receiving stolen property — Sentencing Act 2002, ss 106 & 107 — R v Bom (CA209/96, 16 October 1996) — Burgess v R [2014] NZCA 363 — Sinclair v Police [2014] NZHC 1332 — Kennett v New Zealand Police [2019] NZHC 1945 — Fraser v R [2019] NZHC 3298 — R v Durrant and Page [2020] NZHC 1019 — DC (CA47/2013) v R [2013] NZCA 255 — R v Taulapapa [2018] NZCA 414 — Nash v Police (HC, Wellington, CRI-2009-485-7, 22 May 2009) — Blay v Police [2014] NZHC 2923 — R v Smyth [2017] NZCA 530 — Richter v Police [2021] NZHC 1433. The defendant had pleaded guilty to a charge of receiving stolen property. She had been arrested in possession of $136,780 worth of stolen high-fashion garments. The defendant applied for a discharge without conviction, arguing that she had been coerced into the offending by the person who had stolen the clothing. The Court found that the defendant had been in an abusive and coercive relationship with the person who stole the clothing, but not until after the defendant had already committed the offending. Although the defendant was entitled to credit for her guilty plea and lack of criminal history, the offending was serious and aggravated by the harm suffered by the victim of the theft, the high value of the property involved, and the commercial element of the offending. The defendant was unable to identify any consequences of a conviction that were out of proportion to the gravity of the offending. The application was dismissed. Judgment Date: 18 May 2022.