A recidivist Northland graffiti vandal who tagged Kaitaia township and a Whangarei police station cell as well as assaulting his girlfriend has had his appeal against his 10-month jail term rejected.
Daniel Horne, 22, was sentenced in Whangarei District Court in December to a total of 10 months' jail on a
raft of charges related mainly to a graffiti spree that targeted Kaitaia and the Whangarei police station.
Horne had earlier pleaded guilty to six charges of intentional damage and one charge each for resisting police, possessing a spray can, being unlawfully on a property, defacing a prison cell and assaulting a female.
His appeal against the 10-month jail term, on the grounds that it was manifestly excessive, was heard by Justice John Priestley in the High Court at Whangarei on Thursday.
It was revealed in the court that Horne had already been released at the time of the appeal after completing his sentence.
Justice Priestly said while he used a different sentencing method from the sentencing Judge Duncan Harvey, arriving at a cumulative term of nine months jail on the charges, he rejected the appeal, saying the sentence was not manifestly excessive.
Horne tagged a number of buildings around Kaitaia on September 8 last year, then defaced the police cell on September 10. The assault charge came after Horne became jealous and hit his girlfriend on June 15.
During sentencing, Judge Harvey said Horne had a long list of previous convictions, including many for graffiti and four for violence.
"There's a need to hold you accountable and to deter others from similar offending," the judge said.
• New legislation introduced in June created specific offences for graffiti, tagging and defacing. The Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008 boosted the maximum fine to $2000, from $200, and/or a community-based sentence which could include cleaning up graffiti. The maximum penalty is two years' jail.
