Tapsell v The the Queen

[2022] NZHC 398

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CRI-2021-412-51

[2022] NZHC 398

UNDER

the Criminal Procedure Act 2011

IN THE MATTER

of an appeal against sentence

BETWEEN

RYAN KARL TAPSELL

Appellant

AND

THE QUEEN

Respondent

Hearing:	28 February 2022
Counsel:	D Henderson for Appellant R P Bates for Respondent
Judgment:	28 February 2022

JUDGMENT OF OSBORNE J

(result)

This judgment was delivered by me on 9 March 2022 at 9.30 am

Registrar/Deputy Registrar Date:

TAPSELL v R [2022] NZHC 398 [28 February 2022]

[1]                 Ryan Tapsell was sentenced in the District Court on a charge of assault,1 one charge of assault on a person in a family relationship,2 and a representative charge of contravening a protection order.3 He pleaded guilty to those charges, while the Police withdrew a number of other charges.

[2]  On 7 December 2021 Judge M B T Turner sentenced Mr Tapsell to two years four months’ imprisonment on the charge of contravening a protection order, with concurrent sentences of seven months’ imprisonment for assault in a family relationship and three months’ imprisonment for assault (the sentencing).4 A protection order was also made against Mr Tapsell.5

[3]                 Mr Tapsell appeals the sentence on the basis the Judge erred by giving insignificant discounts for mitigating factors, resulting in a manifestly excessive sentence. He also appealed the imposition of the protection order.

Outcome

[4]Having heard submissions, I dismiss the appeal. My reasons will follow.

Osborne J

Solicitors:

Crown Solicitor, Dunedin

Copy to: D Henderson, Barrister, Dunedin

1      Crimes Act 1961, s 196: maximum penalty one years’ imprisonment.

2      Section 194A: maximum penalty two years’ imprisonment.

3      Family Violence Act 2018, ss 90(a), 9 and 112(1)(a): maximum penalty of three years’ imprisonment.

4      R v Tapsell [2021] NZDC 24189.

5      Under Sentencing Act 2002, s 123B.