R v Taulapapa
[2018] NZHC 2770
•25 October 2018
ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF WITNESS/VICTIM/CONNECTED PERSON(S) PURSUANT TO S 202
CRIMINAL PROCEDURE ACT 2011. SEE
THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHEO
CRI-2017-004-012360 [2018] NZHC 2770
BETWEEN THE QUEEN AND
SYDNEE SHAUNNA TAULAPAPA Defendant
On the papers Appearances:
B Dickey for Crown
A Creswell for DefendantJudgment:
25 October 2018
JUDGMENT OF TOOGOOD J
This judgment was delivered by me on 25 October 2018 at 2.30 pm
Pursuant to Rule 11.5 High Court Rules
Registrar/Deputy Registrar
R v TAULAPAPA [2018] NZHC 2770 [25 October 2018]
[1] On 27 April 2018, Woodhouse J sentenced Sydnee Shaunna Taulapapa on charges of kidnapping and burglary, by discharging her without conviction.1 The order was made upon the conditions that Ms Taulapapa should pay reparation of $2,000 to the parents of the baby who was kidnapped, if they wished to accept it, or pay that sum to a suitable charity. A further condition was that Ms Taulapapa was to undertake 400 hours of voluntary community work.
[2] The parents of the baby chose not to accept the reparation sum, which
Ms Taulapapa then paid directly to an agreed charity.
[3] Because the reparations payment was not made into Court, however,
Ms Taulapapa remains liable to enforcement action.
[4] Woodhouse J has since retired, so the matter has been brought to me for consideration. To avoid enforcement in circumstances where Ms Taulapapa has complied with the intent of the Judge's order, I recall the sentence condition imposed at [71] (a) of the sentencing notes and replace it, retrospectively, with an order that
Ms Taulapapa shall pay reparation of $2,000 directly to a charity concerned with the interests of new-born children or young people. I record that she has complied with that order.
[5] In doing so, it is my intention that steps will be taken to ensure that the reparations collections procedure, based on Woodhouse J's order, is discontinued.
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Toogood J
1 R v TAULAPAPA [2018] NZHC 834 [27 April 2018].
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