IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE
CRI-2017-416-22
[2018] NZHC 478
JAMMIE VERA RIGBY v
THE QUEEN
Hearing: 6 March 2018 Appearances:
N Wright for Appellant
J E Mildenhall for Respondent
Judgment:
20 March 2018
JUDGMENT OF CLARK J
Introduction
[1] Jaime Vera Rigby pleaded guilty to two charges of burglary,1 three charges of dishonest use of a document,2 two charges of theft3 and one charge of failure to answer bail. On 5 October 2017 in the District Court in Gisborne Judge Cathcart sentenced Ms Rigby to two years and three months’ imprisonment.4 Ms Rigby appeals that sentence.
1 Crimes Act 1961, s 231(1); maximum penalty 10 years’ imprisonment.
2 Section 228(1)(b); maximum penalty seven years’ imprisonment.
3 Sections 219 and 223; maximum penalty seven years’ imprisonment.
4 R v Rigby [2017] NZDC 24297.
RIGBY v R [2018] NZHC 478 [20 March 2018]
Facts of the offending
[2] The first burglary occurred sometime between 8:15am on 24 August 2016 and 11:00pm on 25 August 2016. Ms Rigby entered a private dwelling in Napier through the bedroom window, leaving her fingerprints on the window sill. She took jewellery estimated to have a value of $15,000 and other items including clothing, a pair of shoes, and a watch, collectively valued at approximately $1000. Ms Rigby originally claimed she was a lookout but retracted that and pleaded guilty on the basis she was a party.
[3] Between 29 August 2016 and 3 September 2016 Ms Rigby used two stolen credit cards to make a number of purchases totalling $1792.40. On 3 September 2016 Ms Rigby was in a casino at a Napier hotel. She removed a wallet from a man’s back pocket. When he realised what had happened and demanded the return of his wallet,
$100 cash was missing.
[4] The second burglary occurred on the afternoon of 24 October 2016. Ms Rigby and two co-defendants entered a private address in Gisborne. They parked their car in front of the garage. One co-defendant stayed as a lookout. Ms Rigby and a co- defendant entered the property and returned with a number of pairs of shoes. They then re-entered the home. The occupiers of the property arrived home and confronted them. Ms Rigby and her co-defendant fled. At this time Ms Rigby was on bail for her earlier offending.
District Court decision
[5] Judge Cathcart dismissed a starting point of between 15 to 18 months proposed by Ms Rigby as “woefully inadequate”.5 After considering the aggravating features and relevant principles Judge Cathcart determined the appropriate starting point for the two dwelling house burglaries was two years and seven months’ imprisonment. “The facts [spoke] for themselves”: The offending involved two dwelling house burglaries “in the early hours”; the aggravating risk of confrontation with the occupiers during the October burglary; and involvement of more than one offender in the
5 At [9].
October burglary.6 The Judge took Ms Rigby’s plea as a party to the August…
Continue reading Rigby v R
Sign in free to access the full text
- AGLC
- Rigby v R [2018] NZHC 478
- Case
- [2018] NZHC 478
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.