Rongonui v Police - [2017] NZHC 688

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2017-404-044 [2017] NZHC 688

BETWEEN
MAIA RONGONUI

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 10 April 2017

Appearances:

R E Slade for the Appellant
M J Mortimer for the Respondent

Judgment:

10 April 2017

ORALJUDGMENT OF MUIR J (SENTENCE APPEAL)

Counsel/Solicitors:
R Slade, Public Defence Service, Auckland
M J Mortimer, Meredith Connell, Auckland

RONGANUI v NEW ZEALAND POLICE [2017] NZHC 688 [10 April 2017]

Introduction

[1] On 23 January 2017, Judge Paul in the Auckland District Court sentenced Maia Rongonui to six months’ imprisonment.1 Mr Rongonui had pleaded guilty to indecently acting with intent to insult,2 and assault.3 The complainants in respect of both charges were prison officers.

[2] Mr Rongonui now appeals his sentence on the grounds that it was manifestly excessive.

Background

[3] At the time of both offences, Mr Rongonui was serving a sentence of three years, nine months’ imprisonment at the Hawke’s Bay Regional Prison. That sentence was for burglary, property-related offences and attempted aggravated robbery, and was imposed in the District Court on 11 February 2014.

[4] The assault on the prison officer happened on 9 August 2016. Mr Rongonui was in his cell while a prison officer was distributing food to other inmates. The cell door was open so Mr Rongonui could receive some medication which had been prescribed. Mr Rongonui wanted to pass some milk powder to another prisoner, but when told he could not, he became agitated and verbally abusive to the corrections officer. He pushed her hard in the chest with both arms, causing her to stumble back. He then lunged at her, but made no connection. He was then restrained and locked down. At the time, he commented, “The next time I see you I'm going to smash you over.” There were no physical injuries to the officer as a result of the assault.

[5] The charge of doing an indecent act with intent to insult happened a few weeks later, on 29 August 2016. While being transferred to a cell that morning, Mr Rongonui
grabbed a female prison officer’s bottom, commenting “Sorry Miss, I couldn’t help

1      Police v Rongonui [2017] NZDC 1053.
2      Crimes Act 1961, s 126; maximum penalty, two years’ imprisonment.
3      Summary Offences Act 1981, s 10; maximum penalty, six months’ imprisonment or a $4,000 fine.

myself.” When spoken to shortly after, Mr Rongonui said “What do you expect? She wanted it, she led me on.” Mr Rongonui later wrote a letter apologising for his behaviour, saying he was “stressed out” from being housed in that particular jail, and that he wanted to see his family. It appears that his offending may have been intentional so as to effect a transfer to a prison environment closer to home.

The judgment of the District Court

[6] The Judge rejected Mr Rongonui’s request that the sentence be concurrent on his existing one. He said that this would “send the wrong message”, and would say to prisoners on fixed-term…

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.

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Details

Case: [2017] NZHC 688
Decision Date: 10 April 2017

CaseChat Overview and Summary

Maia Rongonui appealed against his six-month imprisonment sentence, which was imposed by Judge Paul of the Auckland District Court on 23 January 2017, for indecently acting with intent to insult and assault against prison officers. Rongonui argued that the sentence was manifestly excessive. The court was required to determine whether the starting point for the indecent act charge was appropriate and whether the totality principle should have been considered in relation to Rongonui’s earlier sentencing in 2014.

The court observed that the indecent act charge involved a direct violation of the victim's person by way of actual assault, which warranted a slightly higher starting point than the four to five months considered appropriate in a previous case. The court found that the judge’s starting point of six months’ imprisonment was within the available range for such offending, and therefore not manifestly excessive. The court further found that, although the totality principle is relevant, its impact is minimised in circumstances where it is appropriate to denounce and deter offending in the prison environment. The court held that Rongonui’s offences directly challenged the maintenance of prison discipline, and a clear message needed to be sent that assaults on prison officers are unacceptable. The court also found that the total sentence of four years and three months’ imprisonment for all relevant offending was not disproportionate to its overall gravity.

The appeal was dismissed.

Orders