R v Kingi

[2021] NZHC 760

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2019-287-000047

[2021] NZHC 760

THE QUEEN

v

REGGAE TANGAHOU KINGI

Hearing:

12 April 2021

Appearances:

R W Jenson for Crown

R M Adams for Defendant

Sentenced:

12 April 2021

SENTENCING NOTES OF VENNING J

Solicitors:           Crown Solicitor, Tauranga

Adams Law, Rotorua

R v KINGI [2021] NZHC 760 [12 April 2021]

[1]    Reggae Kingi you are for sentence in this Court having pleaded guilty to two charges of aggravated robbery. The maximum sentence for such offending is 14 years’ imprisonment.

[2]    On 16 October 2019 you and a friend were driving around Kawerau with Zenyata Thomson. Mr Thomson had a sawn-off shotgun with him. Mr Thomson committed a number of serious offences while you were with him. You became involved in two of them. The two incidents you were directly involved in which support the charges you have pleaded to started when Mr Thomson initially rammed a car. Mr Thomson then approached the car, produced the firearm and demanded one of the occupants hand over his G shock watch. Mr Thomson then went to the other side of the car and opened the door. He pulled the person sitting there from the car and began to assault him by punching and kicking him to the face and body. Mr Thomson also had the sawn-off shotgun with him. He then forcibly took a silver watch chain and a skull pendant and yellow New York baseball cap from that person. While Mr Thomson was committing these offences you were yelling at both victims. You assisted Mr Thomson in what he was doing by encouraging him. Also, when one of the victims made an attempt to run off down the road and get away, Mr Thomson passed the shotgun to you and you began chasing the victim. Fortunately you were unable to find him. You and Mr Thomson then went back to your car and drove off.

[3]    The purposes of the sentence the Court has to impose on you for this offending are:

(a)to hold you accountable for the harm done to the victims of the offending and the community at large by such offending;

(b)to promote in you a sense of responsibility for and acknowledgement of that harm; and

(c)to provide for the interests of the victims.

[4]    It is also to denounce such conduct and to deter you and others from committing such similar offending. Given your age an important purpose of the

sentence is also to assist your rehabilitation to ensure you do not get involved in such offending again.

[5]    The principles of sentencing in your case require the Court to take account of the gravity of the offending, the seriousness of the offences, which as you have heard carry a maximum sentence of 14 years’ imprisonment, and the extent of your involvement and culpability in relation to the offending. The Court is also required to take into account the need for consistency with similar sentences.

[6]    In the decision of R v Mako the Court of Appeal set guidelines for sentencing for aggravated robbery offending.1 Your offending fits into the category described by the Court as street robbery. For such offending the Court suggested a starting point of between 18 months and three years’ imprisonment was applicable, depending on the degree of planning, the numbers of offenders and whether weapons were used.

[7]    The Crown submit the aggravating features of the offending in your case including the planned nature of the offending, in that Mr Thomson and you were driving around town armed with a weapon, the number of participants and the presentation of the firearm as part of the threat, all of which combine in the Crown submission to support a start point of three years.

[8]    Ms Adams has submitted a starting point of two years, six months would be appropriate.

[9]    Mr Kingi, I accept that Mr Thomson’s offending in this case was clearly significantly more serious than your role in the offending. Mr Thomson was the ringleader. He was the one who apparently brought the firearm to the offending and was the initial aggressor. Nevertheless, you associated yourself with him, you encouraged him and you accepted the firearm when he gave it to you, and were prepared to follow someone with it. Whether the firearm was loaded or not, the presentation of a firearm at someone can be traumatic. I do not consider there was much planning involved, certainly not by you.

1      R v Mako [2000] 2 NZLR 170, (2000) 17 CRNZ 272.

[10]   Taking account of your limited role compared to Mr Thomson’s much more serious role I take as a starting point for your sentence a sentence of imprisonment of two years, 10 months.

[11]   I then turn to your personal circumstances. There are no particular personal aggravating circumstances. You have no previous convictions. A major credit available for you is your guilty plea for which I apply a 20 per cent reduction.

[12]   There are in your case a number of other positive factors in your favour. I take into account your age. At the time of the offending you were only just over 17½ and you were clearly influenced by Mr Thomson who was several years older than you.

[13]    The pre-sentence report before the Court is a very comprehensive and helpful one. The matters set out in that report are also confirmed by the s 27 report which provides some further general background as well. Both reports provided real insight into your background and both confirm the steps you have taken to address your offending. You are very fortunate to have the support of your whanau, your sister, and her husband in particular, and I note you have moved to Hamilton to distance yourself from your associates. Both your mother and sister have written letters in support of you and they are thoughtful and insightful letters Mr Kingi. You are very fortunate to have that support.

[14]   Happily, this incident seems to have been a wake-up call for you. The material before the Court confirms your remorse. You now seem to have more structure in your life.

[15]   I have to say that the pre-sentence report is one of the more positive ones this Court has seen for some time.

[16]   The relevant factors identified in the report in terms of your background, the positive steps that you have taken assisted by others to turn your life around, your remorse and your young age combined support a further discount approaching 25 per cent. That leads to an adjusted sentence of just over 18 months’ imprisonment.

[17]   As that sentence is less than 24 months home detention is a possible outcome. I note that you have received a favourable home detention report and that the report writer recommends home detention. I agree with Ms Adams that it is an appropriate sentence. It is a suitable outcome in your case, both as the least restrictive sentence and also one that will help in your rehabilitation.

[18]   Mr Kingi, please stand. On both charges of aggravated robbery you are sentenced to home detention for nine months. The sentences are concurrent.

[19]The special conditions are:

(a)to attend and complete any rehabilitative treatment or counselling programmes undertaken while on home detention sentence as directed by and to the satisfaction of the probation officer;

(b)that you reside at the approved address and not move without prior written consent of a probation officer;

(c)that you not possess, consume, or use any alcohol or drugs not prescribed; and

(d)submit to alcohol and drug testing if required.

[20]   In addition to the above there will also be the other recommended special conditions in the home detention annex but the suggested post detention condition is deleted.

[21]   Mr Kingi, you are a young man. With the support of your family you have a chance to turn your life around. You are in a fortunate position. You are in a much better position than a lot of people this Court sees standing in that or other docks, so do not let the people who are supporting you down, alright. You may stand down.

Venning J