R v Taha - [2014] NZHC 1615

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-057-000747 [2014] NZHC 1615

THE QUEEN

v

HARLEY TAHA PHILLIP WIKI TAHA TAHERE HUTCHINS

BOBBY ROBERT MAXWELL

Hearing: 28 April 2014 to 16 May 2014

Counsel:

A Pollett for Crown
R M Mansfield for Harley Taha
P Hamlin for Phillip Taha
E Te Whata for Tahere Hutchins
A-M Beveridge for Bobby Maxwell

Sentence:

10 July 2014

SENTENCING NOTES OF KATZ J

Solicitors: Meredith Connell, Crown Solicitor, Auckland
Public Defence Service, Manukau

Counsel: R M Mansfield, 22 Lorne Barristers, Auckland
P K Hamlin, Hamlin Law, Manukau
A-M Beveridge, Hamilton Legal Chambers, Hamilton

R v TAHA [2014] NZHC 1615 [10 July 2014]

Introduction

[1] Mr Harley Taha, you appear for sentence today, having pleaded guilty to one count of aggravated robbery and one count of accessory after the fact to an aggravated robbery.

[2] Mr Tahere Hutchins, you appear for sentence having pleaded guilty to two counts of aggravated robbery.

[3] Mr Phillip Taha and Mr Maxwell, you both appear for sentence having been found guilty of one count of aggravated robbery, following a jury trial.

[4] Aggravated robbery carries a maximum penalty of 14 years’ imprisonment.

Being an accessory after the fact is punishable by up to five years’ imprisonment.

Facts

Aggravated robbery: veterinary centre

[5] These proceedings concern two aggravated robberies that took place in

Pukekohe in September and October 2012.

[6] The first robbery took place at the Pukekohe and Waiuku Veterinary Centre on 25 September 2012. The individuals involved were Mr Harley Taha and Mr Hutchins. They developed a plan to ‘hit’ the veterinary centre, which was put into action at about 11:30 am on 25 September 2012. Mr Hutchins entered the centre and inquired about the cost of euthanizing a dog. Mr Harley Taha remained in a vehicle outside. A receptionist and three other employees were inside the clinic.

[7] Mr Hutchins left the centre but returned approximately five minutes later, with a blue and white bandana covering the lower part of his face. He produced what appeared to be a black handgun and pointed it at the receptionist’s face. He later pointed the gun in the direction of another staff member’s face. Mr Hutchins told the receptionist to put money in a bag, to which she replied ‘please don’t shoot me’. Mr Hutchins left the scene with $500.00.

[8] On 1 October 2013 Mr Hutchins was arrested for his involvement in the robbery. Mr Harley Taha became aware of this, and instructed an associate to remove items from Mr Hutchins’ address that may have been of interest to a police investigation.

Aggravated robbery and accessory after the fact: ANZ Bank

[9] The second robbery concerned the Pukekohe branch of the ANZ Bank. It took place on 1 October 2012. Prior to the robbery, text messages were exchanged discussing the obtaining of a motor vehicle for use in the robbery and what weapons were available for use.

[10] Mr Maxwell, Mr Hutchins, and Mr Phillip Taha were driven…

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 Taha

Details

AGLC: R v Taha [2014] NZHC 1615
Case: [2014] NZHC 1615
Decision Date: 10 July 2014

CaseChat Overview and Summary

The defendants in this case, Harley Taha, Phillip Taha, Bobby Maxwell, and Tahere Hutchins, were convicted of multiple counts of aggravated robbery and being an accessory after the fact. The robberies occurred at a veterinary clinic and a bank in Pukekohe, New Zealand, in September and October 2012. The defendants had planned the robberies, using disguises and firearms to intimidate the victims. The court considered various factors in determining the appropriate sentences, including the degree of planning and preparation, the number of participants, the use of weapons, and the impact on the victims. The court set a starting point for each defendant's sentence based on these factors and adjusted the sentences based on individual circumstances, such as prior criminal history, remorse, and guilty pleas. The final sentences ranged from six years and five months to seven years and six months in prison, with some sentences to be served concurrently. The court also ordered the destruction of the firearms and knife used in the robberies.

Orders