IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CRI-2019-027-1253
[2021] NZHC 610
THE QUEEN v
KIRIHI BOB PHILLIPS
Hearing: 18 December 2020 and 25 March 2021 Appearances:
M B Smith and T Needham for Crown W McKean for Defendant
Judgment:
25 March 2021
SENTENCING REMARKS OF LANG J
Solicitors:
Crown Solicitor, Whangarei
R v KIRIHI BOB PHILLIPS [2021] NZHC 610 [25 March 2021]
[1] Mr Phillips, you appear for sentence on a charge of indecent assault. This follows a Judge-alone trial held in this Court on 2 and 3 November 2020. At the conclusion of the trial I delivered verdicts finding you not guilty on a charge of burglary, but guilty on a charge of indecent assault. I gave reasons for those verdicts on 4 November 2020.1
[2] The maximum penalty for the charge on which I found you guilty is seven years imprisonment.
The facts
[3] Much of the evidence given at trial was not in dispute. The charge of indecent assault was laid following an incident that occurred in the early hours of Monday 21 October 2019. You were released from prison on Wednesday 16 October 2019 after serving the whole of a sentence of four years nine months imprisonment imposed on 2 April 2015 on a charge of assault with intent to rob.
[4] Five days later, on the afternoon of Sunday 20 October 2019, you and your cousin travelled to Paihia, where you decided to stay the night at a backpacker’s hostel. The complainant, a 27 year old female tourist from Germany, was staying at the same address. She was sharing a bunk room at the address with two other female tourists who had met on the journey to New Zealand and decided to travel round New Zealand together. You and your cousin were staying in a separate building a short distance away.
[5] You met the complainant briefly when she returned to the hostel after going for a walk on the beach at about 9 pm. As she entered the address, she passed you walking in the opposite direction. You and she exchanged greetings and then went your separate ways. The complainant went to her bunk room, where she spent an hour or so browsing the internet before going to sleep. She had not consumed any alcohol during the evening.
[6] You and your cousin went to the bar of the hostel and spent some hours there drinking and socialising with other residents before the bar closed. During this period you were playing a drinking game with the complainant’s roommates. One of the roommates took exception to the way you were filming them whilst they were dancing. Both the complainant’s roommates also considered you had been asking one of them inappropriate personal questions.
[7] When the bar closed one of the complainant’s roommates went to bed whilst the other went down to the beach with a group of…
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- AGLC
- R v Phillips [2021] NZHC 610
- Case
- [2021] NZHC 610
- Decision Date
CaseChat Overview and Summary
The legal issues centered on the interpretation of the Sentencing Act 2002, particularly section 86D, which mandates a seven-year imprisonment term for Stage 3 offenders like Phillips. The court had to consider whether imposing the maximum penalty without the possibility of parole would be grossly disproportionate given the circumstances of the offence and the offender. The court also examined expert reports on Phillips' risk of reoffending and his need for treatment, particularly regarding his alcohol abuse and potential for sexual offending.
In delivering the judgment, Justice Lang concluded that it would be manifestly unjust to require Phillips to serve the entire sentence without parole. The court considered the relatively limited nature of the indecent assault, the absence of premeditation, and Phillips' extensive history of similar offending. The court also highlighted the lack of a positive support network and the significant risk Phillips posed if not adequately treated for his alcohol abuse and potential for sexual offending. Based on these factors, the court deemed it appropriate to allow Phillips eligibility for parole after serving two-thirds of the sentence. The final order was that Phillips be sentenced to seven years imprisonment for the indecent assault, with the possibility of parole after serving two years and four months.
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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