IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
CRI-2014-463-000054 [2014] NZHC 2394
ROY ROGER RATAHI Appellant
v
NEW ZEALAND POLICE Respondent
Hearing: 29 September 2014 Appearances:
Tim Barclay for the Appellant
Annabel Cresswell for the RespondentJudgment:
1 October 2014
RESERVED JUDGMENT OF MOORE J [Appeal against sentence]
This judgment was delivered by on 1 October 2014 at 2:00pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
Date:
RATAHI v NEW ZEALAND POLICE [2014] NZHC 2394 [1 October 2014]
Introduction
[1] Early in the evening of 2 May 2014 the owner of a Nissan Sentra parked his car in a street in Rotorua and locked it.
[2] Not long afterwards Mr Ratahi broke into it and hotwired the ignition before driving off.
[3] Later that evening the Police tried to stop the car for a routine traffic breath test. Instead, Mr Ratahi accelerated away in an attempt to avoid the Police, travelling faster than 80kph in a 50kph area. With the Police in full pursuit behind him, Mr Ratahi made a left hand turn and went through a stop sign. From there he drove at speeds in excess of 100kph in zones which were covered by 60kph and
70kph speed restrictions.
[4] As he attempted to negotiate an easy bend he lost control of the car and spun out across the opposite side of the road.
[5] He immediately jumped out and ran away but was tracked by a Police dog and located in some scrub-land not far away. He struggled and was bitten before being taken into custody.
[6] At the time he was aged 18 years. He was charged with unlawfully taking a motor vehicle, reckless driving and failing to stop. The maximum penalties for these offences are seven years’ imprisonment, three months’ imprisonment and a fine respectively.
District Court decision
[7] On 21 August 2014 he was sentenced in the Rotorua District Court. The Judge noted his age and his pleas of guilty. She also considered the aggravating factors including previous offences of dishonesty, burglary and unlawful taking recorded both in the Youth Court and the District Court. She noted that he had been convicted on 12 charges in February 2013 for which he received two years’
imprisonment. He had been released only three weeks before the present offending, a factor which her Honour regarded as a significantly aggravating.
[8] For the unlawful taking the Judge took a starting point of two and a half years which she reduced by 25 per cent in recognition of the guilty plea. A further reduction of two and a half months was given in recognition of Mr Ratahi’s age leading to a sentence of 20 months’ imprisonment. In relation to the dangerous driving he was sentenced to two months’ imprisonment concurrent with the unlawful taking. He was disqualified from holding or obtaining a driver’s licence and on the charge of failing to stop he was convicted and discharged.
Appeal
[9] Mr Ratahi appeals only the…
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