IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI-2017-419-000031
CRI-2017-419-000032
CRI-2017-419-000033
CRI-2017-419-000034 [2017] NZHC 1366
BETWEEN WIKITAHI JOSEPHINE NIKAU
Appellant
AND
THE QUEEN
NEW ZEALAND POLICE DEPARTMENT OF CORRECTIONS Respondents
Hearing: 20 June 2017 Appearances:
A Hope and R Dhillon for the Appellant
T Needham for the RespondentsJudgment:
20 June 2017
JUDGMENT OF WOOLFORD J
Solicitors: Almao Douch (Crown Solicitor), Hamilton
Counsel: J A Hope, Hamilton
NIKAU v R [2017] NZHC 1366 [20 June 2017]
[1] Wikitahi Josephine Nikau appeals against sentence. She pleaded guilty and was convicted on the following charges:
(a) One charge of receiving property, the value of which exceeds $1,000;1
(b) One charge of burglary;2
(c) One charge of theft of property, the value of which does not exceed
$500;3
(d) One charge of theft of property, the value of which exceeds $1000;4
and
(e) Breach of community work.5
[2] Ms Nikau was sentenced by Judge Collin in the District Court on 12 April
2017 to 18 months imprisonment.6
Factual background
[3] On 30 March 2016 Ms Nikau, along with a Ms Gerard and a Ms Walker, uplifted approximately 53 pairs of tights from a table outside a Glassons clothing store. The tights were valued at $2,119.47. All subsequent offending has occurred while on bail for this matter.
[4] On 22 May 2016 police visited Ms Nikau’s house. They found at that address property taken from a private address four days previously, including two televisions, jewellery and other items, valued at $6,940. Ms Nikau, along with a
Ms Pene, was charged with receiving.
1 Crimes Act 1961, ss 246 and 247, which carries a maximum penalty of seven years imprisonment.
2 Crimes Act s 1961, s 231, which carries a maximum penalty of ten years imprisonment.
3 Crimes Act 1961, ss 219 and 223(d), which carries a maximum penalty of three months imprisonment.
4 Crimes Act 1961, ss 219 and 223(b), which carries a maximum penalty of seven years imprisonment.
5 Sentencing Act 202, s 71(1)(a), which carries a maximum penalty of three months imprisonment.
6 R v Nikau [2017] NZDC 7798.
[5] On 16 May 2016 Ms Nikau, along with Ms Gerard, took three sets of sheets from Bed, Bath & Beyond worth $359.70.
[6] On 26 December 2016, Ms Nikau entered Farmers at The Base Shopping Centre with her baby. She had been served a trespass notice on behalf of The Base Shopping Centre on 6 May 2015. Ms Nikau removed several items of baby clothing from the display racks, worth $182.94, and concealed them in her bag. She was then approached by a security guard. As a result of the trespass notice, this offending was charged as a burglary.
[7] Finally, on 4 March 2015 Ms Nikau was sentenced to community work. She failed to report as required in early 2017.
District Court judgment
[8] Judge Collin in the District Court imposed an end sentence of 18 months imprisonment.
[9] The Judge noted Ms Nikau’s significant history of offending. Further, she…
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