IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2018-404-231
[2018] NZHC 2452
BETWEEN ROBIN TAFENGATOTO
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 18 September 2018 Appearances:
H C W Redwood and A A Prasad for Appellant E J Smith for Respondent
Judgment:
18 September 2018
ORAL JUDGMENT OF PALMER J
Solicitors:
Public Defence Service, Auckland Meredith Connell, Auckland
TAFENGATOTO v NEW ZEALAND POLICE [2018] NZHC 2452 [18 September 2018]
What happened?
[1] Mr Robin Tafengatoto, aged 41, pleaded guilty to burgling a residential house in Herne Bay, Auckland, early in the morning of Monday 22 January 2018. He entered the house by pulling out slats in a secured window. While the victim was asleep in his bedroom, Mr Tafengatoto searched the home and removed electronic items, jewellery and a wallet to the value of $12,500. CCTV footage from a neighbour’s house captured Mr Tafengatoto near the property at 6.11 am with a backpack. When he was arrested on an unrelated matter on 5 February 2018, he was found in possession of a SkyCity Premium Rewards card that had been in the wallet. He pleaded guilty on his first appearance.
[2] At the time of the offending, Mr Tafengatoto was on bail for two charges of unlawfully taking a motor vehicle in October and December 2017. The latter unlawful taking involved Police attempting to stop him due to his speed. Once stopped, he ran off when approached by Police. He has 23 previous convictions for burglary which all occurred in the mid to late-1990s, apart from one in 2013, and convictions for a number of other offences.
District Court decision
[3] On 27 March 2018, Mr Tafengatoto was sentenced to 11 months’ imprisonment on the two charges of unlawfully taking a motor vehicle. On 4 July 2018, in the Auckland District Court, Judge B A Gibson sentenced him to an additional two and a half years’ imprisonment for the burglary charge.1 The Judge took a starting point of two and a half years’ imprisonment, uplifted that by three months for his offending on bail and six months for his previous convictions and discounted the result by 25 per cent for an early guilty plea. The result totalled two years and six months’ imprisonment. Judge Gibson considered, if Mr Tafengatoto had been sentenced for the burglary at the same time as the other two charges, there would have been a cumulative sentencing. He did not accept any trimming of the sentence was required on that basis. Mr Tafengatoto appeals his sentence.
1 New Zealand Police v Tafengatoto [2018] NZDC 14877.
Law of appeal
[4] Section 250(2) of the Criminal Procedure Act 2011 requires me to allow an appeal if, for any reason, there is an error in the sentence imposed and a different sentence should be imposed. Otherwise I must dismiss the appeal.
Submissions
[5] Mr Redwood, for Mr Tafengatoto, submits the Judge erred in adopting a starting point which was manifestly…
Keep reading for free
Create a free CaseChat account to read Tafengatoto v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] NZHC 2452
- 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.