R v Allen

[2020] NZHC 1796

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2019-096-2216

[2020] NZHC 1796

THE QUEEN

v

WIREMU TAMAHANA ALLEN

Hearing:

23 July 2020 (via AVL)

Appearances:

G J Burston for Crown

C J Nicholls for Defendant

Date:

23 July 2020

SENTENCING OF CLARK J

Introduction

[1]        Mr Allen, following a sentence indication you pleaded guilty to a charge of wounding with reckless disregard.1 Before I sentence you this morning I formally enter your conviction on that charge.

[2]        This is your third ‘strike’ offence. That means you must be sentenced to serve the maximum term of seven years’ imprisonment prescribed for the offence.2 My sentence indication was given before any reports, including a s 27 cultural report, had been received.

1      Crimes Act 1961, s 188(2), maximum penalty 7 years’ imprisonment.

2      Sentencing Act 2002, s 86D(2).

R v ALLEN [2020] NZHC 1796 [23 July 2020]

[3]        So the real question for me today is whether there is anything in those reports that would make it manifestly unjust for me to order that you serve your sentence without parole.

[4]        You will already have heard some of what I am going to say. But I need to explain my sentence and the reasons for it. So I need to repeat some of what I said at the indication hearing.

Summary of offending

[5]        In the early hours of the morning on 15 June 2019, you and your associate, Mr Karaitiana, travelled to the victim’s address in Stokes Valley, both armed with pistols. The doors were closed and locked. You and Mr Karaitiana forced an exterior door open. You entered the flat and confronted the victim, who was in bed sleeping. You told him he owed you money.

[6]        The victim sat up. You punched him on the side of his face with a closed fist. When the victim went to stand up Mr Karaitiana grabbed him by his tee-shirt. The pistol Mr Karaitiana was holding then discharged and shot the victim in the left knee. The Crown accepts that the discharge of the pistol was accidental.

[7]        When you were rummaging through the victim’s drawers the victim managed to get away from Mr Karaitiana. He ran to a neighbouring address and called the Police.

[8]        The victim sustained injury to the side of his left leg. The bullet was still in his left knee when spoken to by Police at the hospital. His wallet containing

$460 cash, and phone valued at approximately $200, were stolen.

Victim impact

[9]        The victim is a father of three. He says that even though the break-in was last year the thought that his children could have been at the house at the time still makes him sick. He worries about his children. He says the money taken from him was for his children and “you can’t do that to people”. He required surgery to remove the

bullet. He still does not know the extent of…