IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI 2015-485-19 [2015] NZHC 1374
BETWEEN WIPEI AWATERE
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 16 June 2015 Counsel:
P R Strachan for Appellant
S W P Woods for RespondentJudgment:
17 June 2015
JUDGMENT OF BROWN J
[1] The appellant, Mr Awatere, pleaded guilty on 19 February 2015 to a series of charges in respect of offences that occurred between November 2014 and January
2015. On 13 March 2015 he was sentenced by Judge A I M Tompkins in the District Court at Lower Hutt to a cumulative term of two years and six months’ imprisonment.1
[2] The appellant had previously pleaded guilty to a March 2014 burglary and was sentenced in August 2014 to 10 months’ home detention. He appeared in the District Court on 13 March 2015 following a Crown application to substitute for that sentence one of imprisonment. Judge Tompkins granted the application and it was in
that context that the appellant was sentenced on the remaining charges.
1 Police v Awatere [2015] NZDC 4236.
AWATERE v NZ POLICE [2015] NZHC 1374 [17 June 2015]
was sentenced:
Date
Offence
Section
Maximum penalty
Sentence imposed
22 March 2014
Burglary
Crimes Act
1961, s 231
Ten years’
imprisonment
Six months’ imprisonment (substituted sentence from
10 months’ home detention)
9-10 November
2014
Breach of
home detention conditions
Sentencing Act
2002, s 80S
One year imprisonment; fine not exceeding
$2,000
Three months’ imprisonment (cumulative)
19 November 2014
Breach of
home detention conditions
Sentencing Act
2002, s 80S
One year imprisonment; fine not exceeding
$2,000
Three months’ imprisonment (cumulative)
19 November 2014
Reckless operation of motor vehicle
Land Transport
Act 1998, s 35(1)(a)
Three months’ imprisonment; fine not exceeding
$4,500
Three months’ imprisonment (cumulative); one year disqualification
19 November 2014
Failure to stop on blue and red flashing police signal (third or subsequent)
Land Transport
Act 1998,
ss 52(1)(c) and
52(4)
Three months’ imprisonment; fine not exceeding
$10,000
One year disqualification (cumulative on
19 November disqualification)
19 November 2014
Driving while forbidden
Land Transport
Act 1998, ss
113(2)(e) and52(1)(c)
Fine not exceeding
$10,000;
disqualification
Convicted and discharged
9 December 2014
Escape from custody
Crimes Act
1961, s
120(1)(c)
Five years’
imprisonment
Six months’ imprisonment (cumulative)
19 December 2014
Escape from custody
Crimes Act
1961, s
120(1)(c)
Five years’
imprisonment
Six months’ imprisonment (cumulative)
4 January 2015 Reckless operation of motor vehicle
Land Transport
Act 1998, s
35(1)(a)
Three months’ imprisonment; fine not exceeding
$4,500
Three months’ imprisonment (cumulative); one year disqualification (concurrent on
19 November
2014 disqualification
for reckless driving)
4 January 2015
Failure to stop on blue and red flashing police signal (third or subsequent)
Land Transport
Act 1998, ss
52(1)(c) and
52(4)
Three months’ imprisonment; fine not exceeding
$10,000
One year disqualification (concurrent on
19 November disqualification
for failing to stop)
4 January 2015
Driving while forbidden
Land Transport
Act 1998, ss
113(2)(e) and
52(1)(c)
Fine not exceeding
$10,000;
disqualification
Convicted and discharged
Total
Two years, six months’ imprisonment;…
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- Case
- [2015] NZHC 1374
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court were whether the Judge erred in his employment of cumulative sentences, whether he failed to adjust the sentence for totality, whether he ignored the appellant’s guilty pleas, and whether he neglected to consider the appellant’s personal circumstances. The Court had to determine whether the sentence was within the range available to the Judge and if a different sentence should be imposed.
The Court found that while cumulative sentences were generally appropriate given the nature of the offences, the sentence for the 19 November breach of home detention conditions should have been concurrent rather than cumulative. The Court also determined that the appellant’s guilty pleas were considered by the Judge, and that the Judge was entitled to conclude that the appellant’s personal circumstances did not warrant a lesser sentence given the seriousness and repetitive nature of the offending. As a result, the appeal was allowed to the extent that the sentence was reduced to two years and three months’ imprisonment.
The final orders of the Court were that the total sentence imposed is imprisonment of two years and three months.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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