R v Mane - [2021] NZHC 2511

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2020-027-000859

[2021] NZHC 2511

THE QUEEN

v

DAVID MANE

Hearing: 21 September 2021

Appearances:

RB Annandale for the Crown WD McKean for Mr Mane

Sentencing:

21 September 2021

SENTENCING NOTES OF JUSTICE ROBINSON

Solicitors:Marsden Woods Inskip Smith, Whangarei Webb Ross McNabb Kilpatrick, Whangarei

R v MANE [2021] NZHC 2511 [21 September 2021]

[1] Kia Ora Mr Mane. As you know you are before the Court today to be sentenced after pleading guilty on the following eight charges which I have to read out:

(a)The first, receiving stolen property which has a maximum sentence of one year’s imprisonment;

(b)Unlawful possession of a firearm which has a maximum sentence of four years’ imprisonment;

(c)Unlawful possession of explosives being ammunition also having a maximum sentence of four years’ imprisonment;

(d)Presenting a firearm at another person which has a maximum sentence of 6 months imprisonment;

(e)Driving a motor vehicle while disqualified which has a maximum sentence of three months’ imprisonment and six months’ disqualification;

(f)Failing to stop;

(g)Wounding with reckless disregard for the safety of others which has a maximum sentence of seven years’ imprisonment; and

(h)Male assaults female which has a maximum sentence of two years’ imprisonment.

[2] I am going to begin by saying Mr Mane that my sentencing decision today has not been an easy one. The offences that you have responsibly pleaded guilty to are serious and as the Crown has said and as your lawyer has accepted, and as you have accepted you need to be held accountable for that offending, and the community needs to be sure that it is being kept safe. On the other hand, as your lawyer Mr McKean has done a very good job of pointing out to me, you are still a young man, you were only 19 when the offences occurred. You do come from a very troubled and, if you do not mind me saying, a sad and unfortunate background. There is no question that you

have had a difficult start to your life and none of that is your fault. We all need to do all that we reasonably can to help your rehabilitation. My job today, and as I say it has not been an easy one, is to impose a sentence that balances all of those things.

[3] What I will do now Mr Mane is just briefly set out the facts that are relevant to your sentence. I will then fix a starting point for your sentence, taking into account aggravating or mitigating factors of the offending, and then we will look at the overall totality of your offending to set the starting point for the sentence. Then I will take into account your personal circumstances or any personal circumstances that might increase or decrease the sentence that you should receive.

[4] I take the following background facts from the summary of facts that you, as I say, quite responsibly…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Mane

Details

AGLC: R v Mane [2021] NZHC 2511
Case: [2021] NZHC 2511
Decision Date: 21 September 2021

CaseChat Overview and Summary

David Mane was sentenced by the High Court of New Zealand, Whangarei Registry, on charges related to unlawful possession and use of stolen firearms and ammunition, as well as other serious offenses. Mane pleaded guilty to eight charges: receiving stolen property, unlawful possession of a firearm and ammunition, presenting a firearm at another person, driving while disqualified, failing to stop, wounding with reckless disregard for the safety of others, and male assaults female. The court acknowledged the seriousness of the offenses and the need for accountability and community protection, while also considering Mane's troubled background and young age at the time of the offenses.

The court analyzed the offenses, dividing them into three groups for sentencing purposes. The first group, related to the stolen firearm and ammunition, resulted in concurrent sentences. The second group, consisting of wounding with reckless disregard and assaulting a female, were deemed to be served concurrently but cumulatively with the first group. The court set a starting point for the sentence, considering the aggravating factors such as the use of a stolen firearm and the impact on the victims, and applied discounts for Mane's guilty plea, youth, and personal circumstances, including his difficult background and demonstrated remorse. Ultimately, the court sentenced Mane to a total of three years’ imprisonment, with certain sentences to be served concurrently and others cumulatively.

The court emphasized the importance of rehabilitation and the potential for Mane to change his path. The sentences for dangerous driving disqualification and failing to stop were ordered to be served cumulatively, as per the Land Transport Act 1998. The judgment reflects a balanced approach, addressing the gravity of the offenses while also considering the mitigating factors and the potential for Mane’s rehabilitation.

Orders