Putua v Police - [2017] NZHC 103

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 Respondent

Judgment:

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Putua v Police

Details

AGLC: Putua v Police [2017] NZHC 103
Case: [2017] NZHC 103
Decision Date: 8 February 2017

CaseChat Overview and Summary

Mr Putua appealed against a sentence of four years and six months imprisonment imposed in respect of multiple charges of burglary, theft, receiving stolen property, unlawful possession of a sawn-off shotgun, unlawful possession of shotgun ammunition, and possession of cannabis. The central issues on appeal were whether a six-month uplift on the firearms charges was warranted, whether a twelve-month uplift for prior convictions was double-counting, and whether the sentence was proportionate to the offending. The High Court found that the six-month uplift on the firearms charges was excessive, and that there was some force in the submission that a twelve-month uplift for prior offending was also excessive. The Court considered that a twelve-month uplift for prior offending, in light of the appellant's 68 previous convictions, 40 of them relating to dishonesty and property offending, was well within range. However, the Court was of the view that the combination of a high starting point together with a high uplift for prior criminal convictions suggested that the Judge may have erred in this respect. The Court found that an uplift of 18 months, to take into account the prior offending of both kinds and a history of violence offending, was proportionate overall. The appeal was dismissed.

Orders