New Zealand Police v Higginson 2019 NZDC 5479

Published 12 August 2019

Disputed facts hearing — quantity of stolen goods — receiving — avocados — reckless mens rea — aggravating feature — Sentencing Act 2002, s 24. The disputed facts hearing was to determine the amount of stolen avocados that had been received by the defendant. The defendant had already been found guilty on a representative charge of receiving the avocados, but the amount of stolen goods received was relevant to the sentencing outcome as an aggravating feature. She had received carloads of avocados from the person who stole them, at various locations for between 40 and 50 cents per avocado, a gross undervalue of the product. Based on witness evidence the Judge determined that the defendant, with reckless criminal intent, had received near 6000 avocados, commercially valued at around $7200. Judgment Date: 27 March 2019.