IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2018-404-128
[2018] NZHC 1479
BETWEEN PEBBLES MATANGI
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 18 June 2018 Appearances:
R E V Slade for Appellant
A F Devathasan for Respondent
Judgment:
20 June 2018
JUDGMENT OF PAUL DAVISON J
This judgment was delivered by me on 20 June 2018 at 3.45 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Crown Solicitor, Auckland
MATANGI v POLICE [2018] NZHC 1479 [20 June 2018]
Introduction
[1] On 22 March 2018, Ms Pebbles Matangi was sentenced in the Papakura District Court on three sets of charges arising from offending in October, November and December 2017. Judge Ronayne imposed a total end sentence of 28 months’ imprisonment, as well as disqualification from driving for three and a half years.1
[2] Ms Matangi now appeals against her sentence on the grounds that the Judge erred in failing to give appropriate weight to her personal circumstances, particularly her youth, and in imposing cumulative sentences of imprisonment and disqualification without having regard to totality.
The offending
[3]Ms Matangi was sentenced on the following charges:
Group one: October 2017
Date of offending
Offence
Section
Maximum penalty
14 October
2017
Receiving stolen property (over
$1,000)
ss 246(1) and 247(a) of the Crimes Act 1961
seven years’ imprisonment
14 October
2017
Failing to stop when followed by police (x 2)
s 52A of the Land Transport Act 1998
$10,000 fine
14 October
2017
Possession of an offensive weapon
s 202A of the Crimes Act
three years’ imprisonment
14 October
2017
Possession of utensils for
methamphetamine use
s 13 of the Misuse of Drugs Act 1975
one year
imprisonment or
$500 fine or both
14 October
2017
Reckless driving
s 35 of the Land Transport Act
three months’ imprisonment or a
$4,500 fine;
mandatory
1 Police v Matangi [2018] NZDC 5613.
disqualification of six months or more 14 October
2017
Unlicensed driver failing to comply with prohibition
s 52 of the Land Transport Act
$10,000 fine
Group two: November 2017
5 November
2017
Burglary
s 231 of the Crimes Act
10 years’ imprisonment
5 November
2017
Dishonestly using a document
s 228 of the Crimes Act
seven years’ imprisonment
7 November
2017
Failing to answer bail
s 38 of the Bail Act 2000
one year
imprisonment or a
$2,000 fine
Group three: December 2017
2 December
2017
Unlawful
interference with a motor vehicle
s 226(2) of the Crimes Act
two years’ imprisonment
2 December
2017
Unlawful presence in a building (x 2)
s 29 of the Summary Offences Act 1981
three months’ imprisonment or
$2,000 fine
2 December
2017
Possession of a knife in public
s 13A of the Summary Offences Act
three months’ imprisonment or
$2,000 fine
Group one: the October 2017 offending
[4] On 14 October 2017, while prohibited from driving, Ms Matangi was the driver of a stolen Subaru motor vehicle in Manukau. Police activated their red…
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