IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
CRI 2012-463-000077 [2013] NZHC 282
PIKI TANE RIKI
Appellant
v
NEW ZEALAND POLICE
Respondent
Hearing: 4 February 2013
Counsel: R Vigor-Brown for Appellant
A Hill for Respondent
Judgment: 21 February 2013
JUDGMENT OF KEANE J
This judgment was delivered by on 21 February 2013 at 2.15pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
Date:
Solicitors:
R Vigor-Brown, Rotorua
Crown Solicitor, Rotorua
PIKI TANE RIKI V NEW ZEALAND POLICE HC ROT CRI 2012-463-000077 [21 February 2013]
[1] On 19 December 2012, Piki Riki, aged 21, was sentenced to four months imprisonment for two offences on 30 September 2012, alleged to have been committed in the company of five others: possessing an offensive weapon, and intentionally damaging a Mitsubishi utility. One of the other five was also charged with, and has admitted to, injuring with intent.
[2] On sentence Judge McGuire accepted that Mr Riki's part in this offending might well have been less serious than that of others, and that he had the advantage of personal mitigating factors. But he had offended close to young and terrified children, and that aggravated his offence. Nothing less than a sentence of imprisonment would serve the purposes of denunciation and deterrence.
[3] On this appeal Mr Riki contends that his sentence is manifestly excessive because (i) the Judge saw denunciation and deterrence as the only relevant purposes of sentence, leaving out of account the others that were relevant; and (ii) the Judge did not consider whether all the relevant purposes of sentence might have been served by a less restrictive sentence, in particular home detention.
[4] Mr Riki also contends that his sentence is excessive on the ground of disparity. A 15 year old boy, on the other side of the fracas, who has admitted to wounding with intent to injure, while driving the Mitsubishi utility that was damaged, is likely to be discharged without conviction in the Youth Court.
[5] It is contended for the respondent that the sentence the Judge imposed, four months imprisonment from a six month starting point, was within his discretion and is not manifestly excessive. But before coming to that, the issue on this appeal, I need first to confirm that at the date of this decision Mr Riki's sentence of imprisonment remains extant.
Status of sentence
[6] On 19 December 2012, after he had sentenced Mr Riki, the Judge signed a warrant of commitment, and that fixed that date as the start date of his sentence.1 On
1 Sentencing Act 2002, s 91; Parole Act 2002, s 77.
20 December 2012, when Mr Riki brought this appeal, he applied for bail, which the Judge granted him until the date of this appeal, 4 February 2012. He was not asked to and he did not defer the start date of Mr Riki's sentence.2 Mr Riki remains on bail at the date of this decision.
[7] Sentenced as he was to a short-term sentence…
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- AGLC
- Riki v Police [2013] NZHC 282
- Case
- [2013] NZHC 282
- Decision Date
CaseChat Overview and Summary
The final orders of the court were that Mr Riki was to serve his community detention sentence at 99 Koutu Road, Rotorua, and be curfewed every night between 7pm and 7am. He was also to report to a probation officer as directed and undertake a Tikanga Maori program and a drug and alcohol program, in each instance to the satisfaction of his supervising officer and the program provider.
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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