R v Togiaono

The defendant, Mary Togiaono, was charged with being an accessory after the fact to murder and causing grievous bodily harm. The defendant pleaded guilty to both charges. The Crown submitted that the defendant washed the clothes of her partner, who had committed the offences, knowing that they would be of interest to the police as they might contain forensic evidence. The defendant's counsel argued that the defendant acted impulsively, the assistance was not prolonged, and the act of washing the clothes did not prevent the police from promptly arresting the defendant's partner. The court set a starting point of 12 months imprisonment for the two charges, with a 20 per cent discount for the guilty plea if entered. The court considered home detention as a sentencing option and imposed a sentence of four and a half months home detention. The court noted that the defendant's role in the offending was limited and that she showed remorse. The sentence start date was deferred to allow the defendant to travel from Auckland to Whangarei.

The legal issues in this case were whether the defendant's actions constituted being an accessory after the fact to murder and causing grievous bodily harm, and if so, what the appropriate sentence would be. The court held that the defendant's actions did constitute being an accessory after the fact to the offences and set a starting point of 12 months imprisonment. The court also considered whether home detention was an appropriate sentence and held that it was, given the defendant's limited role in the offending, her remorse, and her willingness to engage in programmes to assist with preventing any future offending. The court imposed a sentence of four and a half months home detention.