IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY
CRI-2016-083-000473 [2017] NZHC 983
THE QUEEN
v
WATTIE ADOLF KAHU
Hearing: 15 May 2017 Appearances:
Michele Wilkinson-Smith for the Crown
Debbie Goodlet for the DefendantJudgment:
15 May 2017
SENTENCING NOTES OF MOORE J
R v KAHU [2017] NZHC 983 [15 May 2017]
Introduction
[1] Wattie Adolf Kahu, at the age of 50, you appear for sentence. You have pleaded guilty to charges of aggravated burglary,1 kidnapping,2 burglary,3 recklessly causing injury4 and two charges of using an imitation firearm to prevent arrest.5
[2] The Crown, as it is required to, has given notice of its intention to seek a sentence of preventive detention. This is the second time a Judge sentencing you has been invited to impose such a sentence. The last time was in this Court in October
2009. Then the Court declined the Crown’s application and, instead, imposed a finite term of six years’ imprisonment.
[3] You accept that whatever I decide today it is inevitable you will be going to jail again for a long time. The question for me is whether, whatever term I impose, will it be finite (in other words measured in a specific number of years) or will it be non finite in the form of preventive detention (in other words an indefinite term of imprisonment)?
[4] However, before I turn to consider that issue I must set out the facts on which you are to be sentenced. These are contained in the summary of facts with which you agree.
[5] I am conscious that nothing I am about to say will come as a surprise. The facts will be well-known to you. However, because the sentencing process is an important public judicial function which must be undertaken in open Court I am required to set out those facts which I regard as relevant to the sentence I shall
impose.
1 Crimes Act 1961, s 232 maximum penalty of 10 years’ imprisonment.
2 Crimes Act,s 209; maximum penalty of 14 years’ imprisonment.
3 Crimes Act, s 231; maximum penalty of 10 years’ imprisonment.
4 Land Transport Act 1998, s 36(1)(a); maximum penalty of five years’ imprisonment.
5 Arms Act 1983, s 54(1); maximum penalty of seven years’ imprisonment.
Background facts
[6] Early on the morning of Sunday, 20 March 2016 you and another man, Mr Walker, broke into a vacant house in Whanganui. It was being renovated. The two of you stole decorating equipment worth about $2,000.
[7] You drove away with no lights on and, no doubt because of that, you came to the attention of the Police who told you to stop.
[8] Instead of stopping, you took off at speed hitting a fence and driving through a stop sign before losing control, spinning out and crashing into a parked car. You and Mr Walker ran off. Not long afterwards Mr Walker, who had suffered a shoulder injury in the crash, gave himself up at the Police station.
[9] The Police did…
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