| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA407/2010 CA572/2010 [2011] NZCA 504 |
| BETWEEN JAMES JOSEPH KAPA |
| AND THE QUEEN |
| Hearing: 31 August 2011 |
| Court: Stevens, Ronald Young and Venning JJ |
| Counsel: M A Edgar for Appellant |
| Judgment: 3 October 2011 at 11.00 am |
JUDGMENT OF THE COURT
AThe appeal against the total sentence of 14 years and six months imprisonment is allowed.
BWe impose instead a total sentence of 13 years and three months imprisonment as follows:
(a)the sentence of six years imprisonment relating to the burglary of the National Army Museum is quashed and instead a sentence of four years and nine months imprisonment is imposed;
(b)all other sentences are confirmed including their cumulative effect; and
(c)the sentence of reparation in the sum of $100,000 in respect of the burglary of the National Army Museum is confirmed and the appeal in respect thereof is dismissed;
(d)the total minimum period of imprisonment of seven years and nine months is quashed; and
(e)we impose instead a total minimum imprisonment of six years and six months as follows:
(i)a minimum period of imprisonment of two years and nine months in relation to the sentence of four years and nine months imprisonment on the charge of burglary of the National Army Museum; cumulative on
(ii)a minimum period of imprisonment of two years, nine months in relation to the sentence of five years and six months imprisonment in respect of the charges in respect of Operation Prince; cumulative on
(iii)the standard non-parole period of one year of imprisonment with respect to the burglary charges for Operation Pokie.
____________________________________________________________________
REASONS OF THE COURT
(Given by Stevens J)
Introduction
The appellant, James Joseph Kapa, pleaded guilty to various charges arising from two major police investigations – Operation Prince and Operation Valour. Operation Prince concerned a total of eight offences involving burglary and dishonesty against a company in Waitakere, Charles Parsons Textiles Ltd. This offending was carried out with two accomplices, Mr Ronald Van Wakeren and Ms Debra Malam. Operation Valour concerned the burglary of the National Army Museum at Waiouru on 2 December 2007 and the theft of 96 gallantry medals with an estimated value of over $5 million.
On 4 June 2010 the appellant was sentenced by Judge Joyce QC for the Operation Prince offending for a total of five years and six months imprisonment with a minimum period of imprisonment (MPI) of two years and nine months.[1] On 26 August 2010 the appellant was sentenced by Judge Hubble for his part in the Operation Valour offending to six years imprisonment with an MPI of four years.[2] At the time he was sentenced on both these matters, the appellant was serving a sentence of three years and six months imprisonment for offences of burglary and money laundering arising out of Operation Pokie.[3] The sentence was later reduced to three years imprisonment when the appellant successfully appealed against conviction on the money laundering charges.[4]…
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- Kapa v The Queen [2011] NZCA 504
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- [2011] NZCA 504
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