R v Pakinga HC Hamilton CRI 2010-019-2038

[2010] NZHC 1755

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI 2010-019-2038

THE QUEEN

v

ROBBIE HEMI PAKINGA

Hearing:         1 October 2010

Appearances: J M O'Sullivan for Crown

M H McIvor for prisoner

Sentence imposed:     Aggravated robbery (x1)

4 years 9 months imprisonment

Judgment:      1 October 2010

SENTENCING NOTES OF HEATH J

Solicitors:

Crown Solicitor, PO Box 19173, Hamilton
Counsel:

M H McIvor, PO Box 78, Hamilton

R V PAKINGA HC HAM CRI 2010-019-2038  1 October 2010

Introduction

[1]      Robbie Hemi Pakinga, you appear for sentence today having pleaded guilty to one count of aggravated robbery.  The plea of guilty was entered on 13 August

2010, on the first occasion on which you appeared in this Court after committal for trial.

[2]      The maximum penalty for aggravated robbery is 14 years’ imprisonment.  I hope that brings down to you the seriousness of the offending on which you have been convicted.

Facts

[3]      On 4 December 2009, you and two other associates made plans to commit an aggravated robbery at the Chartwell branch of Post Shop and Kiwibank.  I shall not mention by name your two associates, as each has pleaded not guilty to the charge.

[4]      On  4  December  2009,  the  three  of  you  drove  past  the  bank,  noting  its location, the carparking area, and points of access.  You also went to the Donny Park area to determine the best location to “dump” the getaway car you intended to use in the robbery.

[5]      Between 3.00pm and 10.00pm on Friday 4 December 2009, the three of you went to the carpark at the Hillcrest Warehouse and identified a vehicle parked in the south-east corner of it.  The vehicle was broken into and unlawfully taken.  The car was hidden overnight.

[6]      At about 10.00am on Saturday 5 December 2009 the car was retrieved and driven to the shopping centre in Chartwell.  You drove the vehicle and parked it near Post  Shop.    You  remained  in  the  driver’s  seat,  as  getaway  driver.    Your  two associates walked to the bank, wearing dark coloured clothing, including gloves and garments that partially concealed their faces.

[7]      One of your associates was, to your knowledge, in possession of a firearm;

namely a cut-down or sawn-off weapon with a single barrel.  When they entered the

bank, your associates began to yell at customers and staff members.  One of them made it clear that if the customers and staff members did not co-operate they would be shot.

[8]      While one of your associates maintained control over the customers, the other approached tellers to obtain money.  The money was put into plastic shopping bags being carried by that associate.  After being inside the building for about a minute, the two left the bank and ran to the vehicle.  You drove to Donny Park, where the car was left.  You then fled on foot to another associate who awaited in another vehicle.

[9]      The money obtained from the robbery was shared among the four of you.  In total, $7181.90 was stolen.

[10]     When spoken to by the Police, you freely admitted your involvement in the offending and provided a full statement.

Personal circumstances

[11]     At the time of the offending you were aged 24 years.  Despite your age, you are no stranger to the criminal justice system.  Between August 2002 and December

2009  you  have  committed  a  number  of  offences,  on  many of  which  you  were sentenced to terms of imprisonment, albeit concurrently on a number of occasions.

[12]     Sadly, the pre-sentence report was not positive.   However, there are other considerations known to me that off-set that fact.

Purposes and principles of sentencing

[13]     In a case like this, the primary sentencing goals must be to denounce the conduct in which you were involved, to hold you accountable for your actions, and to deter you and others from committing similar offences in the future.

[14]     Another important goal is to protect the community from those who behave in this way.  I must have regard to the interests of the victims who went through a

very traumatic experience.  Having said that, the law also requires me to impose the least restrictive sentence appropriate in the circumstances.

Analysis

[15]     I begin with the self-evident proposition that you are going to jail.  The only issue for my consideration is how long that should be.

[16]     An indication has been given of the need for reparation.  I am satisfied you are in no position to pay and there will be no reparation order.

[17]     I regard the aggravating factors relevant to the offending as:

a)       The premeditation involved.  This was carefully planned.  Your role was as getaway driver.  You were intimately involved in the robbery, in that capacity.   Having said that, I acknowledge that you had no control over what actually happened in the business premises when your associates entered.

b)        You had knowledge that your associates had a firearm with them. c)  You were involved in the robbery, along with multiple offenders.

d)There was the vulnerability and serious emotional and psychological harm to those in the bank; employees and customers alike.

[18]     Having regard to those aggravating factors, I take a starting point of eight and a half years imprisonment.  Adding aggravating factors personal to you, namely the number of previous convictions and your offending, I consider that an uplift of one year is required, to nine and a half years imprisonment.

[19]     That  leaves  mitigating  factors.    They  include  your  frankness  with  the authorities and your relatively early plea of guilty.   There are other personal circumstances that have been made known to me, into which I need not go.  I do not regard it as appropriate to air those matters publicly.

[20]     The remorse, which I accept, is encompassed within the credit to be given for the guilty plea.   From the information made available to me, the insight into the offending  that  the  probation  officer  considered  was  not  there,  has  now  finally dawned on you.

[21]     In all, I propose to allow a credit of 50% to reflect all of those factors.  That equates to a credit of four years nine months.  That means that the end sentence itself will also be one of four years and nine months imprisonment.

Result

[22]     Mr Pakinga, you are sentenced to a term of imprisonment of four years nine months imprisonment.  In the special circumstances of your case, I do not consider it necessary to impose a minimum term of imprisonment.

[23]     Stand down.

P R Heath J