R v Kingi
[2018] NZHC 1905
•30 July 2018
IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2017-087-131
[2018] NZHC 1905
THE QUEEN v
TYSON KINGI
Hearing: 30 July 2018 Appearances:
R W Jenson for Crown
W T Nabney for Mr Kingi
Judgment:
30 July 2018
SENTENCING REMARKS OF LANG J
R v KINGI [2018] NZHC 1905 [30 July 2018]
[1] Earlier today I gave Mr Kingi a sentence indication in relation to a charge of rioting.1 Mr Nabney, who appears today for Mr Kingi, advised me following the hearing that Mr Kingi wished to accept the indication. He also wished to waive his right to a pre-sentence report and to be sentenced immediately.
[2] I do not propose to set out the facts giving rise to the charge again. They are set out in my sentence indication that will be annexed to these remarks and will form part of them. In short, I selected a starting point of 15 months imprisonment. I then applied a discount of three months to reflect restrictive EM bail conditions, and a further discount of three months to reflect any guilty plea. This produced an end sentence of nine months imprisonment.
[3] Mr Kingi has today provided me with a letter in which he expresses his remorse and says that he no longer wishes to be involved in the type of activity that has given rise to the present charge. I am gratified to hear that Mr Kingi seeks to modify his ways in the future. In the end, however, the expressions of remorse are not such that I propose to reduce the sentence further.
Sentence
[4] On the charge of rioting, Mr Kingi, you are sentenced to nine months imprisonment.
[5]Stand down.
Lang J
Solicitors:
Crown Solicitor, Tauranga
W T Nabney, Barrister, Tauranga
1 R v Kingi [2018] NZHC 1901.
IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA TE ROTORUA-NUI-Ā-KAHU ROHE
CRI-2017-087-131 [2018] NZHC 1901
THE QUEEN
V
TYSON KINGI LIONEL TE RIINI
Hearing: 30 July 2018 Appearances: R W Jenson for Crown
W T Nabney for Mr Kingi G McArthur for Mr Te Riini
Judgment: 30 July 2018
SENTENCE INDICATION OF LANG J
[1] Mr Te Riini and Mr Kingi are charged with rioting. Their trial is due to commence on 20 August 2018. Both defendants have now sought a sentence indication. This is an indication of the sentence that would be imposed in the event that the defendants entered guilty pleas to the charges within a very short time of the indication being given.
The charges
[2] Each defendant was charged after he became involved at the tail-end of a series of events that occurred in and around the Whakatane area on 27 January 2017. On that date, a large number of cars filed with members of the Mongrel Mob and their supporters arrived in Whakatane as part of a funeral procession. During the course of the day members and associates of the rival Black Power group, with whom both defendants are associated, decided they would confront the funeral procession. Several incidents occurred before the one in which Mr Te Riini and Mr Kingi became involved. The most serious of these occurred in Valley Road, Whakatane. This involved a member of the Black Power gang firing two shots towards a line of police officers and a large group of members of the Mongrel Mob. Fortunately, no one was injured as a result of that incident.
[3] Shortly after that incident, the funeral procession moved on. Mr Te Riini and Mr Kingi were part of a group associated with the Black Power gang who went to an alleyway running from Valley Road through to Douglas Street. About ten to 15 Black Power gang members and associates again confronted the funeral procession armed with sticks, bats and missiles. This disrupted the procession and brought it to a halt.
[4] The police became involved immediately and pursued the Black Power members down the alleyway. Police staff who came into the area saw the Black Power members and associates running out of the alleyway carrying sticks and bats. Once they saw the police approaching they discarded their weapons. Both defendants were seen leaving the alleyway and were arrested at that point.
Starting point
[5] The starting point for this offending is informed by that selected in relation to Mr O’Toole, another person who was only involved in the Douglas Street incident.2 In that case I selected a starting point of 15 months imprisonment. I acknowledged that the involvement of the offender had occurred late in the day, and after the most serious of the earlier incidents. On the other hand, the defendants participated in a riot knowing that the other incidents had occurred. The starting point needed to reflect their decision to become involved having that knowledge.
[6] I see no reason to distinguish between the starting point selected in relation to Mr O’Toole and that to be selected in the present case. I therefore select a starting point of 15 months imprisonment for both defendants.
Aggravating factors
[7] The Crown suggests that a modest uplift can be applied to reflect previous convictions. Both defendants have previous convictions, but I consider the sentences imposed in relation to these reflect that they must have been at the “nuisance” end of the scale. For that reason I would not apply an uplift to reflect previous convictions.
Mitigating factors
Mr Kingi
[8] Mr Kingi seeks a discount for guilty pleas and the fact that he was subject to EM bail restrictions for approximately eight months. I would apply a discount of three months to reflect the EM bail restrictions. This reduces the sentence to one of 12 months imprisonment.
[9] The Crown suggests a discount of 15 per cent to reflect guilty pleas. Ordinarily, that submission would have force because the pleas would come late in the day. In the present case, however, there is very real value to both the Crown and the community in having these relatively minor charges removed from the trial that is due
2 R v O’Toole [2018] NZHC 1494.
to commence on 20 August 2018. For that reason I would apply a discount of three months, being 20 per cent, but rounded up to reflect a guilty plea by Mr Kingi.
Mr Te Riini
[10] I apply the same discount in relation to Mr Te Riini. This reduces the sentence in his case to one of 12 months imprisonment.
[11] Mr McArthur is anxious to ensure a sentence of home detention is available in relation to Mr Te Riini. A sentence of 12 months duration means the prospect of home detention is available. Whether or not it is an appropriate sentence in this case would depend on several factors. These include the appropriateness of any address Mr Te Riini might put forward in support of a submission that he be sentenced to home detention. I would therefore leave that issue to be determined at sentencing.
Acceptance of sentence indications
[12] Counsel are to file and serve memoranda no later than 3 pm on Thursday 2 August 2018 indicating whether their clients accept the indication. If the indications are accepted, both defendants will need to attend the criminal callover in the High Court at Rotorua on Friday 3 August 2018 at 9 am when their pleas would be taken.
Lang J
Solicitors:
Crown Solicitor, Tauranga
W T Nabney, Barrister, Tauranga Webby & Associates, Tauranga G C McArthur, Tauranga
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