During the appeal in the High Court at Auckland this week, defence lawyer Johann Schlebusch first asked Justice Mathew Downs to consider 5% in extra discounts for his client\u2019s background and rehabilitation efforts, which would result in a sentence of under two years. <\/p>\n
Judge Mathew Downs. Photo \/ Jason Oxenham<\/p>\n
Davies had completed the recovery-focused Salvation Army Bridge Programme while on bail and was halfway through the Odyssey rehabilitation programme when he was sentenced to prison, his lawyer said, adding that his client had excelled in the programmes and was disappointed he couldn\u2019t finish what he started. <\/p>\n
But Justice Downs noted that the district court judge had already allowed a 10% discount for Davies\u2019 rehabilitation efforts and another 10% for his addiction to methamphetamine, before adding five months for his extensive criminal history. <\/p>\n
\u201cHe knows how to walk the walk and talk the talk … and then he reoffends,\u201d Judge Ryan had pointed out in January.<\/p>\n
Those discounts were \u201ccareful and considered\u201d, Justice Downs determined at the end of the short hearing, declining to declare the sentence manifestly excessive. <\/p>\n
But then Schlebusch proposed a seemingly opposite idea that could also theoretically help his client – increasing every one of the concurrent sentences to two years and two months\u2019 imprisonment. <\/p>\n
Thomas Davies’ appeal was heard in the High Court at Auckland. Photo \/ NZME<\/p>\n
Parole guidelines in New Zealand mandate that prisoners serving sentences of over two years can begin to apply for parole after one-third of the sentence is served. But for sentences of two years and under, half the sentence has to be served before a petition for early release can be considered. <\/p>\n
Because Davies\u2019 lesser concurrent sentences were between 10 months\u2019 and two years\u2019 imprisonment, he has to serve at least a year before he can apply for parole. But if they were all two years and two months, he could begin to apply for parole after just under nine months. <\/p>\n
Parole eligibility does not, however, guarantee early release. <\/p>\n
Schlebusch acknowledged his request was unusual, explaining that he had never come across such a situation in his legal career. <\/p>\n
Prosecutor Caitlin Anyon-Peters agreed the parole issue was \u201cslightly unfortunate and perhaps unusual\u201d. <\/p>\n
\u201cThe police cannot really take a position other than to say it\u2019s in the court\u2019s hands,\u201d she said, emphasising that police were solidly opposed to any decrease in the sentence. <\/p>\n
But Justice Downs was not persuaded he had the authority to address the issue. <\/p>\n
\u201cForgive me, I can\u2019t just fiddle with a sentence,\u201d he told the defence lawyer. <\/p>\n
\u201cThe court may intervene if and only if there is an error in the sentence.<\/p>\n
\u201c…There is no such error.\u201d<\/p>\n
Davies had 158 prior convictions, it was noted at his sentencing hearing. <\/p>\n
Among the items illegally obtained during Davies\u2019 latest crime spree was nearly $20,000 in equipment commonly used to operate clandestine meth labs. <\/p>\n
Using the stolen identity of the electrical business owner, he opened a trade account with Bunnings, placing multiple orders there and with other New Zealand retailers. A student at the University of Auckland at the time, he also used his email address to purchase thousands of dollars in gift vouchers that were charged to the school. <\/p>\n
\u201cI apprehend that none of this money is recoverable,\u201d Justice Downs said.<\/p>\n
In addition to the fraud charges, police noted that he took a car for a test drive \u2013 using his fake driver\u2019s licence \u2013 and did not return it. The petrol was also stolen.<\/p>\n