IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA TE ROTORUA-NUI-Ā-KAHU ROHE
CRI-2015-063-3678 [2018] NZHC 93
THE QUEEN
v
GEORGE ROBERT JOLLEY ROBERT JULIAN DASHWOOD CRAMER TANA MCMEEKING CHADWICK TAMAHOU MATAPUKU CHRISTOPHER JOHN JOLLEY
Sentencing: 9 February 2018 Counsel:
C H Macklin and A D Hill for Crown
S N B Wimsett and S Teppett for George Jolley
S J Lance for Robert Dashwood
A T I Sykes and E A Whiley for Cramer McMeeking
L Te Kani and D H Hall for Chadwick Matapuku
M M Dorset and G Fairbrother for Christopher JolleyJudgment:
9 February 2018
SENTENCING NOTES OF KATZ J
Solicitors: Gordon Pilditch, Crown Solicitor, Rotorua
A Sykes & Co, Barrister and Solicitors, Rotorua
Bennion Law, Wellington
L L Te Kani, Ahuriri Chambers, Rotorua
Families Matter Law Practice, Rotorua
Counsel: S N B Wimsett, Barrister, Auckland
S Teppett, Lorne Street Chambers, Auckland
S J Lance, Barrister, Auckland
M M Dorset, Ahuriri Chambers, RotoruaG Fairbrother, Ahuriri Chambers, Wellington
R v JOLLEY & ORS [2018] NZHC 93 [9 February 2018]
Introduction
[1] George Jolley, Robert Dashwood, Cramer McMeeking, Chadwick Matapuku, and Christopher Jolley, you were each found guilty following trial by jury on one or more charges arising from an altercation that took place on Turner Drive, Western Heights, on 11 December 2015. You now appear before me for sentence.
Facts
[2] You are all members, associates or supporters of the Mangu Kaha chapter of the Black Power gang. In the lead-up to the offending, there were rising tensions in Rotorua between Mangu Kaha and the Mongrel Mob. Those tensions escalated when a young woman and her partner moved into a house at 109 Turner Drive, which Mangu Kaha considered to be within its territory. The young woman’s father or his associates appear to have been connected to the Mongrel Mob.
[3] A couple of days before the altercation on 11 December, someone smashed several windows of the Turner Drive property. The tenants decided to move out, so as not to risk any further attacks. The young woman’s father and several of his associates helped with the move which took place on 11 December 2015. They began loading furniture and other items onto a trailer parked at the address.
[4] While they were doing that, a vehicle driven by a Mangu Kaha member drove slowly past, apparently scoping out the scene. Shortly afterwards at least two vehicles (one of them a van) full of Mangu Kaha members and associates arrived. Other Mangu Kaha members possibly arrived on foot. In total, 20 to 30
Mangu Kaha members and associates descended on 109 Turner Drive, many of them carrying weapons. They congregated along the fence line. The jury found that all five of you were part of that group. Further, with the exception of Christopher Jolley, the jury found that all of you shared the common objective of causing grievous bodily harm (that is, really serious harm) to one or more of the people…
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- AGLC
- R v Jolley [2018] NZHC 93
- Case
- [2018] NZHC 93
- Decision Date
CaseChat Overview and Summary
The court considered the purposes and principles of sentencing, focusing on holding the defendants accountable, promoting a sense of responsibility, denouncing the conduct, and deterring future offending. The court examined the gravity of the offending, the level of culpability, and the seriousness of the offences in comparison to other cases. Each defendant's sentence was determined based on their individual involvement and culpability, taking into account the totality of their offending.
The court sentenced the defendants to various terms of imprisonment, with the most serious charge being participation in an organised criminal group. The court noted the defendants' willingness to support gang-related criminal activities, which contributed to the escalation of the altercation and the potential for serious harm. Personal factors, previous convictions, and the totality principle were also considered in determining the appropriate sentences for each defendant.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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