IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-404-000124 [2015] NZHC 1832
BETWEEN BRYDEN JOSEPH PALALAGI
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 14 July 2015 Appearances:
Paul Pati for the Appellant
Rebecca Thomson and Sarah McKone for the RespondentJudgment:
4 August 2015
JUDGMENT OF MOORE J [Appeal against sentence]
This judgment was delivered by me on 4 August 2015 at 4:45pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
Date:
PALALAGI v NEW ZEALAND POLICE [2015] NZHC 1832 [4 August 2015]
Introduction
[1] Bryden Joseph Palalagi appeared in the Manukau District Court for sentence having entered pleas of guilty to the following charges:
(a) two charges of burglary;1 and
(b) three charges of indecent assault.2
[2] He was sentenced to three years and nine months’ imprisonment, concurrent in respect of all offences. He now appeals on the grounds that, in all the circumstances, the sentence was manifestly excessive.
Background facts
[3] The offending at the centre of this appeal arises from three separate events which occurred in August 2014.
[4] The first took place on 1 August 2014 when Mr Palalagi entered the home of the first victim through an unlocked window. She was in bed asleep. He approached her, slid his hand up her ankle and leg for some minutes. After a time, she realised what was happening. She sat up and Mr Palalagi fled. These events form the basis for one charge of burglary and a charge of indecent assault.
[5] The second incident took place on 24 August 2014 when Mr Palalagi entered another victim’s home through an unlocked ranch slider. He then entered the victim’s bedroom and knelt down at the end of her bed where she was sleeping with her seven year old son. He moved his hand up and down the victim’s leg several times, waking her up. She sat up, saw Mr Palalagi and screamed. He ran out of the room and out of the house. As with the first victim, he was not known to her. These
events form the basis for one charge of burglary and one charge of indecent assault.
1 Crimes Act 1961, s 231(1)(a); maximum penalty of 10 years’ imprisonment.
2 Crimes Act 1961, s 135; maximum penalty of seven years’ imprisonment.
[6] Two days later, on 26 August 2014, the victim, in relation to the third indecent assault, was standing outside an internet cafe in Papatoetoe when Mr Palalagi, who, again, was not known to her, approached her from behind. He told her that she had something white on her pants, to which she replied “Where?” Mr Palalagi pointed to her bottom, approached her and repeated his earlier statement. Then, using his finger, he poked her bottom with some force before turning and entering the internet cafe where he was located a short time later by the Police.
[7] Mr Palalagi pleaded guilty to all charges at the first reasonable opportunity. Furthermore, following Mr Palalagi’s arrest in relation to the…
Keep reading for free
Create a free CaseChat account to read Palalagi 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
- [2015] NZHC 1832
- Decision Date
CaseChat Overview and Summary
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.