IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
CRI-2014-020-000430 [2015] NZHC 676
THE QUEEN
v
HUGH HEMI TUATUA TAREHA
Hearing: 31 March 2015 Appearances:
S Manning for Crown
EJ Forster for PrisonerSentence:
31 March 2015
SENTENCING NOTES OF TOOGOOD J
R v TAREHA [2015] NZHC 676 [31 March 2015]
Introduction
[1] Mr Tareha, you appear for sentence having pleaded guilty to nine charges under the Crimes Act 1961. In relation to the first complainant, who was aged 87, the charges are:
(a) One charge of assault with intent to commit sexual violation under s 129(2) which has a maximum penalty of 10 years’ imprisonment;
(b)Four charges of sexual violation by unlawful sexual connection under s 128B which has a maximum penalty of 20 years’ imprisonment;
(c) One charge of injuring with intent to injure under s 189(2) which has
a maximum penalty of 5 years’ imprisonment; and
(d) One charge of burglary under s 231(1)(a) which has a maximum
penalty of 10 years’ imprisonment.
[2] In relation to the second complainant, aged 73, the charges are:
(a) One charge of indecent assault under s 135 which has a maximum
penalty of 7 years’ imprisonment; and
(b) One charge of burglary under s 231(1)(b) which has a maximum
penalty of 10 years’ imprisonment.
[3] On 4 February 2011, you received a first warning under s 86B(1)(b) of the Sentencing Act 2002 for your conviction for robbery. Today you are to be sentenced for stage-2 offences which requires the Court to give you a final warning. I will give that at the end of your sentencing.
[4] The Crown submits you should be sentenced to preventive detention. Given the outrageous nature of these attacks, your offending history, and your failure to have been deterred by imprisonment and past attempts at treatment in respect of past offending, I have given that sentence very serious consideration. But rather than
keeping you waiting to find out what your fate will be, I want to tell you now that for reasons which I will explain, I have decided by a fine margin to impose a lengthy finite sentence of imprisonment instead. It will be a long sentence, and because you have previously received a first warning under the three-strikes legislation, you will serve that sentence in full without parole.
Procedural history
[5] Because it is relevant to the approach the Crown submits I should take, I mention that you were due to be sentenced on 23 September 2014 but sentencing was adjourned on that day and your previous counsel sought leave to withdraw. Your new counsel, Mr Forster, filed an application on your instructions to vacate all guilty pleas but that application was dismissed by Peters J.1
Facts
[6] I turn now to discuss the circumstances of this serious offending.
[7] On 7 November 2013, at about 10.30 am, you were at an associate’s address smoking synthetic cannabis and consuming alcohol in breach of your parole conditions. Shortly after consuming the synthetic cannabis, you…
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