Brownie Joseph Harding v The King - SC 64/2020

Media releases

Summary

Criminal Appeal - application for leave to bring an appeal

Result

A The application for an extension of time to apply for leave to appeal is granted.
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
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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

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