Paraha v The the King

[2022] NZCA 646

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA258/2022
 [2022] NZCA 646

BETWEEN	JOSHUA SIMON PARAHA Appellant
AND	THE KING Respondent

Hearing:	15 August 2022
Court:	Katz, Wylie and Palmer JJ
Counsel:	D A Kemp for Appellant M W Nathan for Respondent
Judgment:	21 December 2022 at 9:00 am

JUDGMENT OF THE COURT

The appeal is dismissed.
____________________________________________________________________

REASONS OF THE COURT

(Given by Katz J)

Introduction

1. Joshua Paraha was convicted of aggravated burglary[1] following a jury trial before Judge Gibson in the Auckland District Court. 

   [1]Crimes Act 1961, ss 232(1)(a) and 66 (maximum penalty: 14 years’ imprisonment).

2. Judge Gibson sentenced Mr Paraha to six years and nine months’ imprisonment on 11 May 2022 (the May Sentence).[2]  Mr Paraha appeals that sentence on the basis that it is manifestly excessive.[3] 

   [2]R v Paraha [2022] NZDC 8420 [May sentencing notes].

   [3]Criminal Procedure Act 2011, ss 244(1), 247(1)(d) and 250. 

3. Mr Paraha’s specific concern with the May Sentence is that the Judge provided no discount to reflect his personal circumstances and rehabilitative efforts.  More broadly, however, the issue raised by this appeal is whether Judge Gibson should have adjusted the May Sentence for totality to reflect that, two months earlier, Judge Fitzgerald had sentenced Mr Paraha in respect of nine other offences that Mr Paraha had committed around the time of, or in the months preceding, the aggravated burglary (the March Sentence).[4]

   [4]R v Paraha [2022] NZDC 11898 [March sentencing notes].

4. The Crown opposes Mr Paraha’s appeal.  It says that Mr Paraha’s total effective end sentence was well within range and not manifestly excessive.

Background

1. On 26 June 2020, Mr Paraha was sentenced to 12 months’ intensive supervision for 15 charges of lower-gravity dishonesty, violence, driving and drug-related offending occurring during the period between 28 June 2017 and 29 June 2019.

2. While on intensive supervision for that offending, Mr Paraha committed 10 further offences: nine offences which Mr Paraha pleaded guilty to, and which were dealt with by Judge Fitzgerald in the March Sentence; and the aggravated burglary which went to a jury trial, and which was dealt with by Judge Gibson in the May Sentence.

3. We will first summarise the March Sentence, and the offending it relates to, before turning to consider the May Sentence.

The March Sentence

1. On 3 March 2022, Judge Fitzgerald sentenced Mr Paraha in respect of the nine charges he had pleaded guilty to.  The Judge described the relevant offending in his sentencing notes as follows:

   [1]       … firstly, in 2020 unlawfully getting into a motor vehicle and theft on 17 October 2020 … The facts in brief regarding those charges are that the victim had his Toyota HiAce van stolen from an address in Mount Albert on Sunday 20 September 2020.  On 17 October 2020 at about 11.05 pm you were located by the police in that van.  The police then found six blue oil drums in the back of the Toyota HiAce van which had been stolen…