IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2019-404-000189
[2019] NZHC 1698
BETWEEN KENI PURUA-KING
Appellant
AND
THE QUEEN
Respondent
Hearing: 15 July 2019 Appearances:
N Chisnall for the Appellant
B Charmley for the Respondent
Judgment:
19 July 2019
JUDGMENT OF WOOLFORD J
This judgment was delivered by me on Friday, 19 July 2019 at 10:00 am
Registrar/Deputy Registrar Date:
Solicitors: Crown Law Office, Wellington Counsel: N P Chisnall, Auckland
PURUA-KING v R [2019] NZHC 1698 [19 July 2019]
[1] Following a sentence indication given by Judge T V Clark on 3 December 2018, Keni Purua-King pleaded guilty to one charge of unlawful taking of a motor vehicle and one charge of aggravated robbery.1 On 21 March 2019, the Judge sentenced Mr Purua-King to two years and nine months’ imprisonment.
[2] The appellant’s conviction for aggravated robbery was a stage-2 offence for the purposes of the three strikes legislation and he is therefore required to serve his sentence without parole in accordance with s 86C(4)(a) of the Sentencing Act 2002. He now appeals against sentence.2
Summary of facts
[3] On Saturday 4 August 2018, at a point in time between 4.30 pm and midnight, a Subaru Impreza motor vehicle (“the stolen vehicle”) was stolen from an address in Manurewa.
[4] On Monday 6 August 2018, Mr Purua-King and Hiria Thompson-Moka were seen driving the stolen vehicle in Papakura. They picked up a third person, Angel- Breeze Paul.
[5] While driving around in the stolen vehicle, Mr Purua-King and his two associates decided to commit an aggravated robbery. They each took measures to conceal their identities. At about 2.50 pm that day, Mr Purua-King drove to the Kingseat Dairy and Takeaway shop (“the dairy”) in the stolen vehicle and parked it nearby beside a bus stop.
[6] At that time, Lovejit Kaur was working behind the counter of the dairy. She was serving a single customer, who had his young daughter with him in the store. Ms Kaur received a telephone call from a neighbour advising her that three persons were walking toward the store. Ms Kaur and the customer went and stood by the door to see what was happening.
1 Contrary to ss 235 and 226 Crimes Act 1961. Maximum penalties 14 years’ imprisonment and seven years’ imprisonment, respectively.
2 Criminal Procedure Act 2011, ss 244-252.
[7] Ms Thompson-Moka, with her face concealed, approached Ms Kaur with a knife. She demanded that Ms Kaur give her cash. Ms Kaur stepped back and allowed Ms Thompson-Moka to enter the store. Ms Kaur and the customer walked into the store behind Ms Thompson-Moka and stood to the side while she went behind the counter area. She went to the till, ripped it out, and put it on the ice cream freezer. At this time, Mr Purua-King and Ms Paul entered the store. Ms Paul walked behind the counter area and, along with Ms Thompson-Moka, set about uplifting cash and cigarettes and…
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