IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI 2012-419-000067 [2012[ NZHC 3553
GARFIELD IKAHIHIFO
v
NEW ZEALAND POLICE
Hearing: 18 December 2012
Counsel: L Walkington as Agent for P J Morgan QC for the Prisoner
R B Annandale for the Crown
Judgment: 18 December 2012
[ORAL] JUDGMENT OF WYLIE J
Distribution:
L Walkington: lynwalkington@xtra.co.nz
R B Annandale: rba@ almaodouch.co.nz
IKAHIHIFO V POLICE HC HAM CRI 2012-419-000067 [18 December 2012]
[1] Having pleaded guilty to one charge of burglary, on 30 July 2012, the appellant, Mr Ikahihifo, was sentenced by Judge Ruth in the District Court at Hamilton to 21 months’ imprisonment in respect of one charge of burglary committed at the Te Kuiti New World Supermarket on 6 March 2012.
[2] Mr Ikahihifo appeals against the sentence on the ground that it is manifestly excessive.
[3] The notice of appeal also asserted that a four month uplift applied by Judge Ruth was excessive, that a reparation order should not have been made and that special release conditions should not have been imposed. Further, it requested that this Court should remit outstanding fines at the same time as determining the appeal. Ms Walkington, appearing for the appellant, has confirmed that these other aspects in the notice of appeal are not pursued. The only matter at issue is whether or not the sentence of imprisonment imposed by Judge Ruth was manifestly excessive.
Background
[4] On 6 March 2012, at about 4.00 am, Mr Ikahihifo and an associate entered the carpark of the New World Supermarket on Te Kumi Road, in Te Kuiti. They had driven from Auckland. They got out of the vehicle and, using a jemmy bar, forced open the front doors of the supermarket, knocking the entire door out of its track and breaking the glass. They entered the supermarket and made their way to the Lotto counter. They also forced open various cabinets containing cigarettes, tobacco and other items. They had brought a woolsack with them from Auckland, and they filled the woolsack with cigarettes and tobacco valued at over $20,000, and put the woolsack in the back of their vehicle. They then left the scene.
[5] Following a report to police of suspicious activity, Mr Ikahihifo and his associate were stopped in their vehicle between Otorohanga and Pirongia. Mr Ikahihifo was driving. They were arrested. The supermarket goods were recovered in their totality. As I have noted above, Mr Ikahihifo pleaded guilty to the charge of burglary.
[6] Mr Ikahihifo came before the Court for sentence on 30 July 2012. Judge Ruth noted the Crown submissions that the burglary was a planned operation. He noted that disguises were found in the possession of Mr Ikahihifo and his associate. He noted the time of day, the fact that Mr Ikahihifo and his associate drove from Auckland to Te Kuiti to commit the burglary, and that they targeted specific items in the supermarket. He noted that the appellant appeared to think of the offending as a way of…
Keep reading for free
Create a free CaseChat account to read Ikahihifo v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2012] NZHC 3553
- Decision Date
CaseChat Overview and Summary
The Court ordered that the sentence imposed by Judge Ruth be substituted with a sentence of 18 months' imprisonment. In all other respects, the sentence imposed by Judge Ruth was upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.