IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CRI-2021-063-2740
[2022] NZHC 2742
THE KING v
TRENT TE AHU JOSH PETERSEN LEEANNE HEMA
Sentencing: 21 October 2022 Counsel:
H R Hancock for the Crown I Hard for Mr Petersen
P N Allan for Ms Hema (by AVL)
Sentencing Notes:
21 October 2022
SENTENCING NOTES OF GWYN J
Solicitors:
Crown Solicitor, Wellington
Copy to:
Mr Hard, Greytown Mr Allan, Christchurch
R v PETERSEN & HEMA [2022] NZHC 2742 [21 October 2022]
Introduction
[1] Trent Petersen and Leeanne Hema you appear for sentence having pleaded guilty to a charge of robbery.1
[2] In sentencing you today, I apply a law called the Sentencing Act 2002, which sets out the purposes and principles of sentencing. The purpose of sentencing in your case is to hold each of you accountable for the harm you have caused, to have you accept responsibility for, and acknowledge, that harm; to denounce and deter the criminal conduct; to protect the community; and to assist in your rehabilitation and reintegration into society.2 What that means in practice is that I have to look at the whole situation and do what I can to mark what you have done, but also to acknowledge each of you and your particular circumstances and background.
[3] In sentencing you, I will first say something about your offending, explain your personal circumstances, and set out counsel’s submissions. I will then calculate a sentence by adopting a two-step approach: first, I set a starting point based on the offences you are charged with; and second, I will consider whether to apply any increases (uplifts) and discounts to reflect your personal aggravating and mitigating factors.
[4] Because sentencing is a public process, I have to talk about the detail of what happened.
The offending
[5] You have pleaded guilty to robbing the victim on 30 November 2020. The victim was known to you, Ms Hema, through his partner. He had previously driven you from the hospital. He had some of your belongings and you arranged for him to drop those off at an address in Masterton.
[6] When the victim arrived at the address at the agreed time, Ms Hema, you were waiting for him along with Mr Petersen and an associate. During the unloading of the
1 Crimes Act 1961, s 234 carries a maximum penalty of 10 years’ imprisonment.
2 Sentencing Act 2002, s 7.
belongings, Ms Hema, you got the victim to come out of the car. You then took the keys out of the ignition. At this point, Mr Petersen, you and an associate came out of the house.
[7] Mr Petersen, you then accused the victim of having ripped off a Killer Beez gang member, with which you have had some association. Your associate then punched the victim in the face and stomach, before Mr Petersen, you demanded from the victim his cell phone, cigarettes and wallet.
[8] Mr Petersen, you…
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- R v Petersen [2022] NZHC 2742
- Case
- [2022] NZHC 2742
- Decision Date
CaseChat Overview and Summary
The court considered the purposes and principles of sentencing, including holding the defendants accountable for the harm caused, denouncing and deterring criminal conduct, protecting the community, and assisting in the defendants' rehabilitation and reintegration into society. The court also considered the defendants' personal circumstances, including their difficult upbringings and limited emotional and cultural support, which had led them to a life of crime. The court acknowledged the defendants' desire to change and their efforts to make positive changes to their lifestyles. The court focused on the defendants' rehabilitation, considering it the best way to serve their long-term interests, the interests of their families, and the interests of the wider public.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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