R v Tamihana

[2014] NZHC 90

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-044-2640 [2014] NZHC 90

THE QUEEN

v

IHAKA TAMIHANA

Hearing:                   7 February 2014

Counsel:                  D J Dufty for the Crown

G N E Bradford for the Prisoner

Judgment:                7 February 2014

SENTENCING NOTES OF BROWN J

Solicitors:      Crown Solicitors, Auckland

Counsel:       GNE Bradford, Auckland

R v TAMIHANA [2014] NZHC 90 [7 February 2014]

[1]      Mr Tamihana  this  morning  I  have  given  you  a  sentencing  indication  of

11 months for the charge against you as accessory after the fact to attempted murder under s 71 of the Crimes Act the maximum penalty for which is five years imprisonment.

[2]     Upon my having given you that sentencing indication you have given instructions to your counsel that you would plead guilty to the charge.  The charge having been read to you, you have pleaded guilty.  I formally enter the conviction on the count of accessory after the fact to attempted murder.  Mr Bradford has indicated that you waive the obtaining of a pre-sentence report.

[3]      For the reasons you have heard me explain in the sentencing indication the sentence which I will impose on you today is calculated by reference to the established sentencing regime in R v Taueki1  whereby one first identifies a starting point, one then assesses whether there are any mitigating or aggravating features relating to the offending, one then considers your own personal circumstances and whether there are any aggravating or mitigating circumstances, and finally takes into

account any discount for early guilty plea.

[4]      As I have already indicated to you in the sentencing indication the starting point that I assess on the basis of the cases that have been referred to in your counsel’s submissions on the sentencing indication lead me to a starting point of

15 months  imprisonment.    I  do  not  consider  that  there  are  any  mitigating  or aggravating features associated with the offending itself.   In terms of your own personal circumstances none of your previous convictions are sufficiently relevant to the charge today that would warrant any uplift to the starting point and in terms of mitigating features I have been influenced by Mr Bradford’s submission to me that you have not offended since 2008 albeit you have been in prison in that period.

[5]      Counsel  are  agreed  in  this  instance  that  a  discount  of  20  percent  is appropriate for your guilty plea and in those circumstances I will be imposing a

sentence of 11 months imprisonment.

1      R v Taueki [2005] 3 NZLR 372 (CA).

[6]      So  would  you  please  stand  Mr  Tamihana.    On  the  charge  of  being  an accessory after the fact to attempted murder under s 71 of the Crimes Act you are sentenced to 11 months imprisonment.

[7]      You may stand down.

Brown J