R v Hemopo

Mr Tago Hemopo was sentenced for conspiring to injure 22-year-old Rangiwhero Ngaronoa with intent to injure him and driving while disqualified. Hemopo was found guilty of the first charge after a jury trial and pleaded guilty to the second charge. The court had to decide the appropriate starting point for the conspiracy charge and whether any uplift was necessary for the driving charge. The court also considered personal circumstances that could warrant a discount in the sentence.

The court adopted an orthodox approach to sentencing, setting a starting point for the conspiracy charge and considering any uplift for the driving charge. The starting point for the conspiracy charge was set at two years’ imprisonment, reflecting Hemopo's relatively limited role in the conspiracy. The court found that Hemopo's understanding was that Ngaronoa would receive a beating, not a violent assault resulting in his death. An uplift of three months was imposed for the driving charge, taking into account Hemopo’s recidivist nature and the totality of his offending. A 10 per cent discount was allowed for personal circumstances, considering Hemopo’s challenging background and familial dysfunction.

The court sentenced Hemopo to two years’ imprisonment for the conspiracy charge and three months’ imprisonment for the driving charge, to be served concurrently. He was also disqualified from holding or obtaining a driver’s licence for a period of one year and six months. The total prison term amounted to two years.