R v Tawaka

[2015] NZHC 996

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2013-069-001200 [2015] NZHC 996

THE QUEEN

v

LEE RANGANUI TAWAKA

Hearing:	12 May 2015
Appearances:	C Macklin for the Crown A Schulze for the Defendant
Sentencing:	12 May 2015

SENTENCING NOTES OF WOOLFORD J

Solicitors:

Mr C Macklin, Gordon Pilditch, Office of the Crown Solicitor, Rotorua

Mr A Schulze, Lance Lawson, Rotorua South

R v TAWAKA [2015] NZHC 996 [12 May 2015]

[1]      On 4 March 2015, you Mr Tawaka, appeared before me for sentence having pleaded guilty to one charge of assault with intent to injure for which the maximum penalty is three years imprisonment.  The circumstances of the assault are set out in my sentencing notes of that date.  The assault on a surburban Taupo street ended in the death of a young man.   One of the associates with whom you were with was found guilty of the man’s murder and is currently serving a sentence of life imprisonment.

[2]      In your case Mr Tawaka, I reached an end sentence of nine and a half months imprisonment, which allowed me to consider a sentence of home detention for you as an alternative.  There was, however, no report from the Department of Corrections about the suitability of an address for the purposes of an electronically monitored sentence such as home detention and I accordingly adjourned your sentencing until

13 April 2015 and called for a report from the Department of Corrections on the suitability of an address for the purpose of an electronically monitored sentence such as home detention.  On 13 April 2015, a report was not available and I adjourned the sentencing until today in the hope and expectation that a report would be available.

[3]      I now have here the report from the Department of Corrections.   It indicates that the proposed address is suitable as an address for electronic monitoring.   The address has been visited by Community Corrections.  It is a private rental that you and your family have taken recent tenancy.  There are no safety concerns identified, and the address has been assessed as suitable.   So the report recommends home detention and post-detention conditions.

[4]      Accordingly, in light of my earlier sentencing indication, I now sentence you to  four  and  a  half  months  home  detention  with  the  special  conditions  as recommended in the pre-sentence report, namely:

a)        Upon release from the Court you are to travel directly to that address and await a probation officer and a security officer.

b)        You are to reside at that address for the duration of the sentence.

c)       You are not to possess, consume or use, any alcohol or drugs not prescribed to you.

d)You are to undertake and complete the Te Kanga Maori Programme and abide by the rules  of the Programme to  the satisfaction of a probation officer.

e)       You  are  to  attend  and  complete  such  interventions  to  address identified offending behaviour as may be directed.

[5]      I also impose the recommended special conditions on release for a period of six months, namely to undertake and complete any remaining programme, counselling or treatment as directed by the probation officer.

[6]      Stand down.

Woolford J