IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
CRI 2012-470-37 [2012] NZHC 2570
BETWEEN TRAAN HUNTER KINO Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 4 October 2012
Counsel: N M Dutch for Appellant
H J Sheridan for Respondent
Judgment: 4 October 2012
(ORAL) JUDGMENT OF HEATH J
Solicitors:
Crown Solicitor, PO Box 13063, Tauranga
Counsel:N M Dutch, PO Box 14124, Tauranga
KINO V NEW ZEALAND POLICE HC TAU CRI 2012-470-37 [4 October 2012]
Introduction
[1] Mr Kino pleaded guilty to four charges of burglary, three of theft and one of breaching a prison release reporting condition. He came up for sentence in the District Court at Tauranga on 11 September 2012, before Judge Burnett.
[2] The Judge’s sentencing notes suggest that she took a dim view of the offending. She referred specifically to the pre-sentence report which stated that Mr Kino had a low motivation to change his ways and was assessed as a high risk to the safety of others. Judge Burnett imposed an effective term of imprisonment of three
years and six months.1 Mr Kino appeals against that sentence on the grounds that it
is manifestly excessive.
The facts
[3] The four burglaries occurred on 18 and 19 February and 9 and 10 April 2012. They occurred in the Tauranga and Welcome Bay areas. In each case, Mr Kino entered a house or shop and took items that were readily accessible. On some occasions occupants were present; on others they were not.
[4] The three thefts occurred on 1, 5 and 13 April 2012. A bag was stolen on 1
April; a wallet on 5 April; and another bag on 13 April, this bag was one that contained passports, a wallet, cash, credit cards, a camera, jewellery and other items that together were valued at about $4,000.
Sentencing in the District Court
[5] In sentencing Mr Kino, Judge Burnett described the burglaries as “blatant”.
She added:
[3] ... You simply were going into people’s houses, regardless of whether they were there in the house or not and taking what you could. On one occasion, when you were confronted by an occupier, you had a ready
1 Police v Kino DC Tauranga CRI 2012-070-4023, 11 September 2012 (Judge Burnett).
explanation at hand. You have, on one of these burglaries, simply walked through an unlocked door when the occupier was at the rear of the property, and stole a large amount of jewellery, credit cards, cellphone and cash.
[4] Then within a very short space of time, you were walking into another property and somebody is packing up their car, and they had a number of bags in the vehicle. While the car is parked inside the garage and the person, the occupier, has gone back into the house to get something else to put into the car, you go into the garage and you take one of the bags from the boot of the car, and it has got all of the family’s holiday items, passports,…
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- Case
- [2012] NZHC 2570
- Decision Date
CaseChat Overview and Summary
The final orders of the court were that the sentences of three years imprisonment for the four burglaries and the theft of items to the value of $4000 were to remain intact. The sentences of two months imprisonment on the remaining theft charges, and that of four months imprisonment on the breach of prison release conditions were to be served concurrently with the lead sentence on the burglary and more serious theft charges.
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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