IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
CRI-2014-441-34 [2014] NZHC 2832
BETWEEN MIHARO JASON PAPA
Appellant
AND
THE QUEEN
respondent
Hearing: 12 November 2014 Counsel:
EJ Forster for appellant
M Mitchell for respondentJudgment:
14 November 2014
JUDGMENT OF FAIRE J
Solicitors: Crown Solicitor’s Office, Napier
To: EJ Forster, Hastings
Papa v R [2014] NZHC 2832 [14 November 2014]
Table of Contents
Introduction ............................................................................................................[1]
Background ............................................................................................................[3] District Court decision ...........................................................................................[4] Appeal against sentence .........................................................................................[6]
Submissions................................................................................................................
Appellant’s submissions [10]
Respondent’s submissions [13]
Discussion ............................................................................................................[16] Uplift for previous offending [21] Remorse [26]
Result....................................................................................................................[28]
Introduction
[1] On 8 August 2014, Mr Papa was sentenced to four years and three months’
imprisonment on one count of aggravated robbery. [2] He now appeals against that sentence.
Background
[3] On 4 January 2014, Mr Papa went into a shop, wearing a bandana to conceal his face. Mr Papa brandished a screwdriver and yelled at the shop attendant to get on the ground. He pushed her to the floor. He opened the till and removed $1,220 in cash. He had placed the screwdriver on the counter. The shop attendant was able to reach up and grab it and throw it into the back of the store. Mr Papa took
600 packets of synthetic cannabis, valued at $12,000, from behind the counter. He ran from the store and got into his friend’s waiting vehicle. The vehicle was abandoned a short distance away. Mr Papa and his associate then got into another vehicle and drove off. Mr Papa was later spoken to by the police. At first he said he
knew nothing about the robbery. Subsequently, he pleaded guilty to a charge of aggravated robbery. The shop attendant was not injured but was badly shaken.
District Court decision
[4] In sentencing the appellant Judge Rea recited the facts of the offending and then referred to the Court of Appeal decision R v Mako.1 He adopted a starting point of five years’ imprisonment. This was because Mr Papa had taken over $13,000 worth of property and had knocked the shop attendant around. Judge Rea then imposed an eight month uplift for Mr Papa’s previous convictions. Mr Papa was given a 25 per cent guilty plea discount. That bought the sentence to four years and
three months’ imprisonment. Judge Rea referred to Mr Papa’s expression of remorse. He took that into account by not imposing a minimum period of imprisonment.
[5] Mr Papa appeals that sentence on the ground that the sentence is manifestly excessive. He submits that an uplift for previous convictions was not justified. He also questions that there was no discount given for remorse.
Appeal against sentence
[6] Section 250 of the Criminal Procedure Act 2011 provides that the Court must allow the appeal if satisfied that:
(a) for any reason, there is an error in the sentence imposed on conviction; and
(b) a different sentence should be imposed.
[7] In any other case, the Court must dismiss the appeal.2
[8] Section 250 confirms the…
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CaseChat Overview and Summary
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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