Legal Research
Cases
Rawiri v R

Rawiri v R

Case [2021] NZHC 1573 29 June 2021

No judgment structure available for this case.

Type to search within this case.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI 2021-404-000239

[2021] NZHC 1573

BETWEEN
CHASE TYRONE RAWIRI

Appellant

AND

THE QUEEN

Respondent

Hearing: 29 June 2021

Appearances:

S J Galler for the Appellant

A Al-Janabi for the Respondent

Judgment:

29 June 2021

ORAL JUDGMENT OF VAN BOHEMEN J

Solicitors/Counsel:
SJ Galler, Auckland
Crown Solicitor, Kayes Fletcher Walker Limited, Manukau

RAWIRI v R [2021] NZHC 1573 [29 June 2021]

Introduction

[1] Chase Rawiri appeals the sentence of three years’ imprisonment imposed by Judge D J McNaughton in the District Court at Manukau1 after Mr Rawiri had pleaded guilty to:

(a)Five charges of unlawful possession of a firearm;2

(b)Five charges of unlawful possession of explosives;3

(c)One charge of failing to stop for red and blue lights on a third or subsequent occasion;4 and

(d)One charge of unlawfully using a motor vehicle.5

[2] Mr Galler, counsel for Mr Rawiri, submits that the end sentence was manifestly excessive. Mr Galler says that the Judge erred by setting the starting point too high for the lead firearms offending, failing to take the totality principle into account when uplifting the starting point, and giving manifestly excessive uplifts to take account of Mr Rawiri’s previous convictions and offending while on bail.

[3]The Crown opposes the appeal.

Background

[4] Mr Rawiri’s convictions relate to three instances of offending in 2018 and 2019.

1      R v Rawiri [2021] NZDC 6482.
2      Arms Act 1983, s 45(1). Maximum penalty four years' imprisonment or a $5,000 fine.
3      Arms Act, s 45(1).
4      Land Transport Act 1998, s 52A(1)(a)(ii) and (5). Maximum penalty three months' imprisonment. The Court must also order that the offender be disqualified from holding or obtaining a driver licence for two years.
5      Crimes Act 1961, s 226(1). Maximum penalty seven years' imprisonment.

December 2018

[5] In December 2018, a black Mercedes Benz was stolen from Glendene during a burglary. It was located three weeks later outside Mr Rawiri’s partner’s address in Māngere East, with false registration plates. A handbag located inside the car contained a modified .22 calibre Colt M4 carbine with an attached 24-round magazine. The firearm was loaded with 10 live rounds in the magazine. Two containers containing a further 59 live rounds were located in the handbag.

May 2019

[6] In May 2019, in the Tauranga area, Mr Rawiri was driving a silver Mercedes Benz which belonged to his brother. Police pursued the vehicle after Mr Rawiri refused to stop when signalled. When the vehicle was later found and searched, Police found a 5.56 mm calibre M4 military-style semi-automatic rifle with 18 live rounds in the 30-round capacity magazine located in the rear footwell. Police also located a 12- gauge pump action shotgun with no stock and a pistol grip, loaded with three live rounds. Police also found a spent shell in the boot of the car.

July 2019

[7] In July 2019, the Police executed a search warrant at a Māngere Bridge…

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 Rawiri v R

Details

AGLC: Rawiri v R [2021] NZHC 1573
Case: [2021] NZHC 1573
Decision Date: 29 June 2021

CaseChat Overview and Summary

In the High Court of New Zealand, Chase Tyrone Rawiri appeals against his sentence of three years' imprisonment, which was imposed by Judge D J McNaughton in the District Court after Rawiri pleaded guilty to multiple charges of unlawful possession of firearms and explosives, as well as charges relating to evading police and unlawfully using a motor vehicle. Rawiri's counsel argues that the sentence was manifestly excessive, and that the District Court judge erred in setting the starting point too high for the lead firearms offences, in failing to take the totality principle into account when uplifting the starting point, and in giving excessively high uplifts to take into account Rawiri's previous convictions and offending while on bail. The Crown opposes the appeal.

The Court found that the starting point of three and a half years' imprisonment was within the available range, given the aggravating features of the offending, including the number of firearms and ammunition found over three separate occasions, the fact that many of the firearms were loaded and stored in locations allowing ready access and use, and the gang-related context of the offending. The Court also found that the uplift of six months for the motor vehicle offending was appropriate, and that the six-month uplift for the previous firearms offending, while high, did not result in a manifestly excessive sentence when considering the end sentence, including the discounts applied by the Judge McNaughton. The Court held that the final sentence of three years' imprisonment was not manifestly excessive, and dismissed the appeal. The time for filing the notice of appeal is extended.

Orders