R v Tregidga - [2021] NZHC 3498

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS,

OCCUPATION OR IDENTIFYING PARTICULARS OF VICTIMS PURSUANT TO SECTION 202 CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-090-1335

[2021] NZHC 3498

THE QUEEN

v

JAYDEN RAY JOSEPH TREGIDGA MONTELL FORD KONRAD SILA KENI

Hearing: 16 December 2021

Counsel:

H D L Steele and R S Ching for Crown D R F Gardiner for Mr Tregidga

J-A Kincade QC and W J S Mohammed for Mr Keni

Sentence

16 December 2021

SENTENCING NOTES OF TOOGOOD J

Solicitors/Counsel:
Crown Solicitor, Auckland D Gardiner, Auckland
J-A Kincade QC, Auckland

R v TREGIDGA [2021] NZHC 3498 [16 December 2021]

[1] Jayden Ray Joseph Tregidga and Montell Ford Konrad Sila Keni, you appear for sentence on various charges associated with the kidnapping and torture of a victim whom I call “Mr D”. I make a permanent order under s 202 of the Criminal Procedure Act 2011 forbidding the publication of the names, addresses and occupations of Mr D and his parents, who have provided victim impact statements.

[2] Mr Tregidga, you pleaded guilty on 10 June 2021 to charges of kidnapping; aggravated robbery; unlawful possession of a pistol; wounding with intent to cause grievous bodily harm; injuring with intent to injure and a representative charge of threatening to kill.1 At your request, I deferred entering convictions on those charges to enable you to complete rehabilitation courses you were attending while remanded in custody. I now formally convict you on charges 1 to 5 inclusive and charge 11 in the Crown charge notice dated 5 March 2020 as amended. Charges 6 to 10 inclusive against you are withdrawn by leave.

[3] Under the three strikes law, I am required to give you a first warning of the consequences if you are convicted of any serious violent offence committed in the future while that law remains in force.2

[4] If you are convicted of any serious violent offence (except murder) committed after today, you will receive a final warning. If the judge imposes a sentence of imprisonment for that offence, you will serve that sentence without parole or early release. If you are convicted of a murder committed after today, you will be sentenced to imprisonment for life and you must serve that sentence for life also without parole, unless it would be manifestly unjust to do so.

[5] Mr Keni, I delivered a sentence indication on 11 June 2021, which you accepted later that day, pleading guilty to charges 1 and 11 in the Crown charge notice

1 Kidnapping, Crimes Act 1961, s 209(b) – maximum period of imprisonment: 14 years. Aggravated robbery, Crimes Act 1961, s 235(b) – maximum period of imprisonment: 14 years. Unlawful possession of a pistol, Arms Act 1983, s 50(1)(a) – maximum period of imprisonment: 3 years. Wounding with intent to cause grievous bodily harm, Crimes Act 1961, s 188(1) – maximum period of imprisonment: 14 years. Threatens to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Tregidga

Details

AGLC: R v Tregidga [2021] NZHC 3498
Case: [2021] NZHC 3498
Decision Date: 16 December 2021

CaseChat Overview and Summary

The case of R v Tregidga involves Jayden Ray Joseph Tregidga and Montell Ford Konrad Sila Keni, who were charged with various offences related to the kidnapping and torture of a victim referred to as "Mr D." The matter was heard in the High Court of New Zealand, Auckland Registry. Tregidga pleaded guilty to charges including kidnapping, aggravated robbery, unlawful possession of a pistol, wounding with intent to cause grievous bodily harm, injuring with intent to injure, and threatening to kill. Keni also pleaded guilty to kidnapping and injuring with intent to injure. The court issued a permanent order under section 202 of the Criminal Procedure Act 2011, prohibiting the publication of the names, addresses, and occupations of Mr D and his parents. The court considered the aggravating and mitigating factors of the case, including the defendants' backgrounds, their remorse, and their efforts towards rehabilitation. The court sentenced Tregidga to a total of six years' imprisonment, with a minimum non-parole period of three years. Keni was sentenced to two years and six months' imprisonment. The court emphasised the importance of the defendants distancing themselves from gang environments and taking advantage of opportunities for rehabilitation.

Orders