IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CRI-2016-488-49 [2017] NZHC 103
BETWEEN KORO PUTUA
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 8 February 2017 Counsel
A M Dooney for Appellant
J W Wall for RespondentJudgment:
8 February 2017
ORALJUDGMENT OF WHATA J
Solicitors: Crown Solicitor, Whangarei
Copy to: A Dooney, Whangarei
PUTUA v POLICE [2017] NZHC 103 [8 February 2017]
[1] Mr Putua appeals against a sentence of four years and six months imprisonment imposed in respect of the following offences:
(a) Two charges of burglary;
(b) Two charges of theft of property valued between $500 and $1,000; (c) Nine charges of receiving stolen property;
(d) One charge of unlawfully possessing a sawn-off shotgun;
(e) One charge of unlawfully possessing shotgun ammunition; and
(f) One charge of possession of cannabis.
[2] With the benefit of argument, the central issues on appeal are whether or not: (a) A six-month uplift on the firearms charges was warranted;
(b) A twelve month uplift for prior convictions was double-counting; and
(c) Whether, overall, the sentence was proportionate to the offending.
Facts of offending
[3] The facts of the offending are not disputed. They are drawn from the police summary of facts as follows.
[4] On 17 May 2016, Police executed a search warrant at the residential address of the appellant, Mr Putua. Property was recovered at the warrant from multiple burglaries and thefts ranging from October 2015 to the date of the warrant, and the firearm, ammunition and cannabis were also discovered at the residence.
The Burglaries
[5] The first burglary occurred between the hours of 8.00am and 6.00pm on
15 April 2016, at 216 Fairway Drive, Whangarei. Mr Putua entered the house by smashing the garage window and climbing through. He conducted a search of the house and stole many items from the victim’s home. These items were discovered on
17 May 2016 following the search warrant. The second burglary occurred between
3.30pm and 5.00pm on 18 April 2016 at Suncourt Sushi, Whangarei. Mr Putua entered the store room of the shop through a back door and stole two bags belonging to the victim, an employee at Suncourt Sushi.
The Thefts
[6] The first theft occurred between 10am and 4.40pm on 7 April 2016, at Bigsave Furniture at the Okara Shopping Centre in Whangarei. Mr Putua stole the victim’s handbag containing numerous personal items and left the store. These items were located on 17 May 2016 at Mr Putua’s residence. The second theft occurred at around 12.00am on 20 April 2016 at Sabai Thai Restaurant, Whangarei. Mr Putua entered the premises and removed an exterior camera from the building, which is property of Sabai Thai Restaurant and valued at $500.
Other Offending
[7] The nine counts of receiving stolen property all arise from missing property
that was located at Mr Putua’s residence after the search warrant was executed on 17
May 2016. The charges of unlawful possession of a firearm and ammunition were made after police found a sawn off…
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