R v White - [2019] NZHC 3101

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2017-088-1600

[2019] NZHC 3101

THE QUEEN

v

ROCKY WHITE

Hearing: 26 November 2019

Appearances:

K J G Macneil for Crown

J B Wickliffe for Defendant

Sentence:

26 November 2019

SENTENCE OF PAUL DAVISON J

Solicitors:
Crown Solicitor, Whangarei

R v ROCKY WHITE [2019] NZHC 3101 [26 November 2019]

Introduction

[1] Rocky White you appear for sentence today having pleaded guilty to a charge of aggravated robbery.1 You have pleaded guilty on the basis of an agreed summary of facts which describes the actions of yourself and three other co-offenders, first planning and then carrying out a robbery of the Warehouse retail store at Dargaville on 28 May 2017. The three other offenders have previously admitted their involvement and they have already been sentenced to terms of imprisonment.

[2] Following you entering your plea of guilty, the Crown sought leave to withdraw the five charges of kidnapping you also faced arising from your involvement in the events at the Dargaville Warehouse that night.2 Leave is granted to the Crown to withdraw those charges.

Background

[3] I shall begin by reviewing what occurred at the Dargaville Warehouse on 28 May 2017, and your role in those events. As I noted, you have pleaded guilty based on an agreed summary of facts. I am required to sentence you on the basis of the contents of that summary. Accordingly the following account of your offending is drawn from that agreed summary.

[4] Between August 2010 and April 2014, you worked at the Warehouse. During your time at the Warehouse you held several roles, including working in the storeroom and on the night-fill shift. Your supervisor on the night-fill shift was Ms Stallworthy who was to be one of the five Warehouse staff who were victims of your offending.

[5] Around January 2017, you and one of your relations, Mr Thomas Nathan, set about planning to commit an aggravated robbery at the Warehouse at Dargaville. As part of that planning, you provided Mr Nathan with a floor plan of the Warehouse.

[6] The plans and preparations for the robbery were put into action several months later on 28 May 2017. At about 8:15 pm that night you were parked in your vehicle

1 Contrary to ss 66 and 235(b) of the Crimes Act 1961: maximum penalty 14 years’ imprisonment.
2 Pursuant to s 146(1) of the Criminal Procedure Act 2011.

outside 157 Victoria Street, Dargaville a short distance along the road from a Warehouse entrance driveway. Your role was to act as a lookout, and you were maintaining communication with Thomas Nathan by phone and text. At 8.44pm you sent a text to Mr Nathan asking him what was happening and several minutes later at 8:47pm you texted him again reporting that a police vehicle had just driven past. Mr Nathan replied asking you to tell him if you saw anything else.

[7] It appears that you were…

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 White

Details

AGLC: R v White [2019] NZHC 3101
Case: [2019] NZHC 3101
Decision Date: 26 November 2019

CaseChat Overview and Summary

Rocky White appeared for sentencing having pleaded guilty to a charge of aggravated robbery. The Crown sought leave to withdraw five charges of kidnapping, which was granted. White had been a former employee of the Warehouse store at Dargaville and had assisted in planning the robbery with one of his co-offenders, Mr Nathan. White provided information concerning the layout of the premises and acted as a lookout during the robbery. The Crown identified two statutory aggravating features of the offending: the premeditated nature of the crime and the extent of loss and harm caused by the offending. The court determined a starting point of five years, six months’ imprisonment, which was slightly higher than that of Mr Nathan, another co-offender, due to White's greater involvement in the planning of the robbery. The court applied a 20% discount for White's guilty plea, resulting in a final sentence of four years, five months’ imprisonment. The court also ordered White to pay reparation in the sum of $200.00 in respect of the loss caused to Ms Stallworthy.

Orders