R v Wiringi

[2012] NZHC 2161

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2011-085-3980 [2012] NZHC 2161

THE QUEEN

v

SCOTTIE WIRINGI

Counsel:         P K Feltham and G A Kelly for Crown

N J Sainsbury for Wiringi

Judgment:      23 August 2012

SENTENCING REMARKS OF MACKENZIE J

[1]      Mr Wiringi you have pleaded guilty to the one amended count which has been put to you.  On that count you are convicted.  On counts two to eight in the indictment you are discharged.  It is unnecessary for me to remand for sentence.  The Crown had earlier made submissions in relation to a possible sentencing indication.

[2]      The Crown submits that a starting point should be one of a short term of imprisonment between six and 12 months.

[3]      In your case you have already served a sentence equivalent to that because of the time you have spent in remand in custody following the expiry of the sentence which you were serving.

[4]      In those circumstances I consider that a short term of imprisonment is indeed the  appropriate  sentence.    Because  you  have  effectively  served  the  time  it  is

R V WIRINGI HC WN CRI-2011-085-3980 [23 August 2012]

unnecessary for me to obtain a pre-sentence report and your counsel has submitted that that step is not necessary.

[5]      Accordingly you will be sentenced to imprisonment for a term of one year on that count.

[6]      The effect of that will essentially be that you will be eligible for immediate discharge.

[7]      Stand down.

“A D MacKenzie J”