Brownie Joseph Harding v The King - SC 64/2020
Media releases
Summary
Result
B The application for leave to appeal against conviction is dismissed (Harding v R [2019] NZCA 259).
C The application for leave to appeal against sentence is granted (Harding v R [2020] NZCA 217). The approved question is whether the Court of Appeal was correct to dismiss the appeal against sentence.
D The Registrar is to set down the appeal against sentence to be heard together with the appeal against sentence in Berkland v R [2020] NZSC 125.
17 November 2020
________________________________________________________________
A Mr Berkland’s appeal in SC 40/2020 is allowed. His sentence of 12 years and nine months’ imprisonment, together with a 50 per cent MPI, is quashed, and a sentence of eight years and eight months’ imprisonment is substituted.
B Mr Harding’s appeal in SC 64/2020 is allowed. His sentence of 28 and a half years is quashed, and a new sentence of 21 years is substituted. There is no adjustment to the MPI.
7 December 2022
Date of Hearing
23 March 2021
Judges
Winkelmann CJ, William Young, Glazebrook, Ellen France and Williams JJ
Case Synopses
Hearing Transcripts
Related Documents
High Court decision — R v HARDING [2017] NZHC 675 [7 April 2017]
Court of Appeal decision — HARDING v R [2020] NZCA 217 [5 June 2020]
Leave judgment - leave granted — BROWNIE JOSEPH HARDING v R [2020] NZSC 127 [17 November 2020] (PDF 83 KB)
Substantive judgment — WILLIAM ALLAN BERKLAND v R [2022] NZSC 143 [7 December 2022] (PDF 459 KB)