R v Riosa - [2021] NZHC 3426

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CRI 2020-042-2342

[2021] NZHC 3426

THE QUEEN

v

DYLAN REX RIOSA

Hearing: 13 December 2021

Counsel:

A R Goodison for Crown M J Vesty for Mr Riosa

Sentencing:

13 December 2021

SENTENCING NOTES OF MALLON J

Introduction

[1] Dylan Riosa, you have pleaded guilty to charges of threatening to kill, possession of a knife, driving in a dangerous manner, assault of a police officer, and refusing an officer’s request for a blood specimen,1 following a sentence indication given in October of this year.2 You are now to be sentenced.

1 Crimes Act 1961, s 306 (maximum penalty seven years’ imprisonment); Summary Offences Act 1981, s 13A (maximum penalty three months’ imprisonment); Land Transport Act 1998, s 35(1)(b) (maximum penalty three months’ imprisonment, $4,500 fine and requires disqualification from driving for six months or more); Summary Offences Act, s 10 (maximum penalty six months’ imprisonment); and Land Transport Act, s 60(1)(a) (maximum penalty three months’ imprisonment, $4,500 fine and requires disqualification from driving for six months or more).
2 R v Riosa HC Wellington CRI-2020-042-2342, 19 October 2021.

R v RIOSA [2021] NZHC 3426 [13 December 2021]

Agreed summary of facts

[2] The charges arise out of events on 25 November 2020. You were driving a vehicle in the Nelson area in the late afternoon that day. Your driving led to multiple driving complaints that afternoon.

[3] You and an associate drove to the victim’s house. You stood outside the house and yelled at the victim to come outside. The victim did so because she did not want to disturb the other occupants in the house. The victim got in the car and almost immediately you began speeding. The victim contacted a friend on social media asking them to report the car because she felt unsafe. You threw her phone onto the dashboard. The victim asked you to take her home but you did not do so. At one point you stopped the car and got out. The victim grabbed her phone and again contacted her friend. She did not want to aggravate the situation and feared you would physically overpower her.

[4] After seeing a police car on patrol, you drove north out of Nelson towards Cable Bay, about 15 minutes out of Nelson. You drove on the wrong side of the road when coming into blind corners, drove on a cycle way on the wrong side of the road and scraped the car on posts which delineated the cycleway from the road. The victim estimated that at times you were driving at about 140 km/h in a 100 km/h area. The driving terrified the victim and she feared she would die.

[5] During the drive, you cursed at the victim and said you would put her “back in the trunk” and “I could kill you real easily right now”. At one point, you stopped the car and pulled out a large knife,…

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 Riosa

Details

AGLC: R v Riosa [2021] NZHC 3426
Case: [2021] NZHC 3426
Decision Date: 13 December 2021

CaseChat Overview and Summary

Dylan Rex Riosa was sentenced by Mallon J in the High Court of New Zealand Nelson Registry. Riosa pleaded guilty to multiple charges including threatening to kill, possession of a knife, driving in a dangerous manner, assaulting a police officer, and refusing to provide a blood specimen. The legal issues before the court involved determining an appropriate sentence, taking into account the nature of the offences and Riosa's personal circumstances.

The court began by assessing the aggravating and mitigating factors of the case. Aggravating factors included the victim's feelings of powerlessness and fear for her life, Riosa's threats made with a knife, and his history of dangerous driving and non-compliance with authorities. Mitigating factors included Riosa's guilty plea, his engagement in rehabilitation programs, and his compliance with bail conditions. After applying these factors, the court set a starting point of 17 months' imprisonment.

Considering Riosa's personal circumstances, the court deducted time served and applied a discount for his guilty plea. This resulted in a sentence of just under 12 months’ imprisonment. The court opted for a combination of intensive supervision and community work as the appropriate form of punishment, ordering 12 months of intensive supervision and 40 hours of community work. Additionally, Riosa was disqualified from driving for six months, to be served concurrently, and a notice was ordered to be sent to the vehicle's registered owner.

The final orders included a sentence of 12 months intensive supervision, 40 hours of community work, and a six-month driving disqualification, with all sentences to commence from the date of sentencing.

Orders