R v Tapiki

[2018] NZHC 1498

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA TE ROTORUA-NUI-Ā-KAHU ROHE

CRI-2017-087-131

[2018] NZHC 1498

THE QUEEN

v

ROMAN TE HOROHAU TAPIKI

Hearing:

21 June 2018

(Heard at TAURANGA)

Appearances:

O M Salt for Crown

D L Bates for Defendant

Judgment:

21 June 2018

SENTENCING REMARKS OF LANG J

R v TAPIKI [2018] NZHC 1498 [21 June 2018]

[1]    Mr Tapiki, you appear for sentence today having pleaded guilty last month to a charge of rioting.1 The maximum sentence for that charge is two years imprisonment.

Background

[2]    The charge was laid as a result of your involvement in a series of incidents that occurred in and around the Whakatane area on 17 January 2017. On that date you were one of a number of Black Power members and associates who decided to confront a funeral procession comprising principally members or associates of the rival gang the Mongrel Mob. You were involved from the relatively early stage, although not at the initial meeting held in Paul Street.

[3]    At about 11.30 am, however, you were seen in a group of 30 to 40 Black Power gang members congregating at the Whakatane Bridge. That group evidently expected the Mongrel Mob procession to pass by, but the police dispersed the group before that occurred. You were then part of a group that burst out from a service lane in Valley Road and began throwing rocks and bottles at the Mongrel Mob vehicles in the procession. This ended when a member of the Mongrel Mob discharged a firearm at the Black Power. This caused Black Power members scatter, pursued by a car driven by Mongrel Mob members.

[4]    The police again became involved at that point. You were seen speeding away from the service lane incident in a vehicle and were apprehended a short time later. When the police spoke to you about the offending you refused to make a statement and simply said that you “hated the mutts”, and would kill their children if you could.

Starting point

[5]    The starting point for the sentence to be imposed on your offending needs to be selected having regard to the approach taken in other cases. There are now several cases where your co-defendants have pleaded guilty to the same charge you have

1      Crimes Act 1961, s 87.

pleaded guilty.2 In virtually all of those the Judge has taken a starting point of 18 months imprisonment and I do the same here.

Aggravating factors

[6]    You have a large number of previous convictions. Some of these are for violence, and you have served sentences of imprisonment on those charges. I propose to apply an uplift of two months to reflect that factor. This is not to punish you again for what you have done in the past, but it makes the present offending more serious when you have not taken notice of what the Court has done in the past. This leads to a sentence of 20 months imprisonment.

Mitigating factors

[7]    Your counsel wrote to the Crown on 17 October 2017 saying you would plead guilty if the Crown would withdraw the more serious charge of participating in an organised criminal group that you then faced. The Crown rejected that offer, and only now accepts that the charge should be withdrawn. For that reason I am prepared to apply a discount of 25 per cent for your guilty plea. This results in a reduction of five months, leaving an end sentence of 15 months imprisonment.

[8]    The Crown has offered no evidence on the charge of participating in an organised criminal group, and you are discharged on that charge under s 147 of the Crimes Act 1961.

[9]    Given the length of the sentence, a sentence of home detention is theoretically available. In reality, however, you have served a lengthy period in custody. You remained in custody from 27 January 2017 until you entered your guilty plea at the end of May 2018. As a result, the sentence I now impose will result in you being released immediately. For that reason there is no point in considering alternative sentences.

2      R v Moeke [2018] NZHC 1426; R v O’Toole [2018] NZHC 1494; R v Ponini-Kara [2018] NZHC 1489.

Sentence

[10]   On the charge to which you have pleaded guilty you are sentenced to 15 months imprisonment.

Lang J

Solicitors:

Crown Solicitor, Tauranga

D L Bates, Barrister, Tauranga