Rigby v The Queen

[2019] NZHC 3378

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CRI-2019-441-000038

[2019] NZHC 3378

BETWEEN

JAMMIE VERA RIGBY

Appellant

AND

THE QUEEN

Respondent

Hearing:

17 December 2019

Appearances:

N Wright for the Appellant

M Mitchell for the Respondent

Judgment:

17 December 2019

JUDGMENT OF DOOGUE J

[1]                 The appellant, Jammie Rigby, appeals a sentence imposed by Judge Rea in the District Court at Napier on 11 October 2019.1 Ms Rigby was sentenced to two years and seven months’ imprisonment for one charge each of aggravated robbery,2 unlawfully taking a motor vehicle,3 and obtaining by deception.4 This appeal does not however concern the latter charge.

[2]Ms Rigby appeals her sentence on the grounds the Judge:

(a)gave insufficient credit for matters raised in a cultural report;

(b)failed to apply credit for hardship; and

1      R v Rigby [2019] NZDC 20341.

2      Crimes Act 1961, s 235(b); maximum penalty 14 years’ imprisonment.

3      Section 226(1); maximum penalty 7 years’ imprisonment.

4      Sections 240(1) and 241(1); maximum penalty 7 years’ imprisonment.

RIGBY v R [2019] NZHC 3378 [17 December 2019]

(c)gave insufficient credit for Ms Rigby’s remorse and rehabilitative prospects.

Background

Lead offending

[3]                 At around 7 p.m. on 27 October 2018, the victim in this matter was at a bar in Hastings. He had been there for several hours and was close to leaving. As he walked to his car, Ms Rigby and a male associate parked behind his car. Ms Rigby engaged the victim in conversation and falsely told him that she was from Gisborne, her car had broken down and she had nowhere to stay that night. Feeling sorry for her, the victim told Ms Rigby that she could stay at his house that evening.

[4]                 During this conversation, Ms Rigby’s male associate had entered the bar where the victim had previously been to meet a female associate. Ms Rigby ran inside to inform her two associates of her arrangements with the victim. The female associate accompanied Ms Rigby to the victim’s car while the other remained at the bar. Ms Rigby told the victim they were sisters.

[5]                 The victim drove the women to get food and then drove them to his house. They watched television for some time and the two women had showers. During this time, Ms Rigby sent a text to her male associate telling him to “patch up” and bring his friend to the victim’s home. The male associate and his friend arrived at the house wearing Mongrel Mob patches and bandanas covering their faces. They waited in a car outside the victim’s home.

[6]                 Later in the evening, the victim told the women he was going to bed. He was accompanied by Ms Rigby’s female associate.  Once  the  pair  had  gone  to  bed, Ms Rigby let in her male associates. The men entered the victim’s bedroom brandishing a hammer and demanded the victim’s mobile phone and wallet. One of the men then threatened the victim saying, “I’m going…