IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2016-404-252 [2016] NZHC 2218
BETWEEN ORLANDO RIINI
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 19 September 2016 Appearances:
CF Dunne for Appellant
AL McConachy for RespondentJudgment:
19 September 2016
ORAL JUDGMENT OF TOOGOOD J
Riini v New Zealand Police [2016] NZHC 2218 [19 September 2016]
[1] On 14 July 2016, Judge E P Paul in the District Court at Waitakere sentenced Mr Orlando Riini to a total of two years and three months’ imprisonment for a variety of offences, including serious thefts.1 Mr Riini now appeals against his sentence.
[2] The offences involved were three charges of theft,2 one charge of shoplifting (under $500),3 four charges of unlawfully taking a motor vehicle,4 one charge of unlawfully getting into a motor vehicle5 and two charges of intentional damage.6
Facts
[3] The various instances of offending were as follows:
(a) On 18 August 2015, at around 11:15 am, Mr Riini entered Onehunga Jewellers in Onehunga and asked to try on a watch valued at $450. He immediately left the shop without paying for the watch. This led to a charge of shoplifting.
(b)On the night of the 24/25 August 2015, Mr Riini took a Mazda motor vehicle parked outside a home in Morningside, Auckland. That led to a charge of unlawfully taking a motor vehicle.
(c) On 29 August 2015 at 4:11 pm, Mr Riini entered Michael Hill Jewellers in Takapuna disguised in a balaclava and armed with a claw hammer. He smashed the glass tops of two display cabinets and took multiple items of jewellery with a total value of $15,000.00. The jewellery has not been recovered. He fled the shop in a silver Mazda Atenza which was driven by an unknown person. The Mazda had
been stolen from an address in Sandringham the previous day. This
1 Riini v Police [2016] NZDC 13173.
2 Crimes Act 1961, s 219(1)(a); maximum penalty, seven years’ imprisonment.
3 Crimes Act, s 219 and 223(d); maximum penalty, three months’ imprisonment.
4 Crimes Act, s 226(1); maximum penalty, seven years’ imprisonment.
5 Crimes Act, s 226; maximum penalty, seven years’ imprisonment.
6 Crimes Act, s 269(2)(a); maximum penalty, seven years’ imprisonment.
led to charges of theft, causing intentional damage, and unlawfully taking a motor vehicle.
(d)On the night of 14/15 September 2015, Mr Riini took a Mitsubishi motor vehicle parked outside a home in Avondale, Auckland. For that he was charged with unlawfully taking a motor vehicle.
(e) During the day of 16 September 2015, Mr Riini took a Mazda Atenza motor vehicle parked outside a work address in Mt Wellington. He was charged with unlawfully getting into a motor vehicle.
(f) At 8.10 pm on 17 September 2015, Mr Riini entered a Vodafone shop in New Lynn, Auckland. He approached a table, on which sat two Samsung S6 display model phones, secured by cables. The phones had a total value of $2,400. He ripped the phones from the table, breaking the cables, and left…
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CaseChat Overview and Summary
The court first considered whether the starting point of three years' imprisonment was excessive. The court noted that the thefts were premeditated, involved the use of disguises and weapons, caused serious damage, and put the public at risk. The court found that the starting point was within the available sentencing range and did not consider it excessive. The court also reviewed the discounts applied to the sentence and concluded that while the discount for guilty pleas was appropriate, a discount for youth was not warranted given the appellant's history of escalating criminal behavior.
The court then examined whether there was a justifiable disparity between the sentences of the appellant and his co-offender, Mr McLaughlin. The court found that the disparity was reasonable and justifiable, as the appellant had a more extensive criminal history and was convicted of more serious offences. The court held that there was no basis for appellate interference on the ground of disparity.
In conclusion, the court dismissed the appeal, finding that the sentence imposed was within the appropriate range and that there was no unjustifiable disparity between the sentences of the appellant and his co-offender. The final orders of the court were that the appeal be dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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