IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
CRI-2016-416-22 [2016] NZHC 2788
BETWEEN DESTINY TAINGAHUE
Appellant
AND
THE QUEEN Respondent
Hearing: 11 October 2016 via AVL Counsel:
T Epati for the Appellant
F E Cleary for the RespondentJudgment:
22 November 2016
JUDGMENT OF MALLON J
Introduction
[1] Destiny Taingahue was convicted following a judge alone trial in the Gisborne District Court as a party to injuring with intent to cause grievous bodily harm. She also pleaded guilty to possessing cannabis for supply while on bail awaiting trial on the injuring with intent charge. She was sentenced to three years
and one month imprisonment.1 She appeals this sentence. She contends the Judge
erred by not allowing any discount for her personal circumstances arising from the birth of her baby.
The offending
[2] Destiny Taingahue, Charlene Taingahue, Wairangi Hubbard and a fourth, unidentified, woman assaulted the complainant over money she owed to Ms Hubbard. The complainant and her mother were sitting in a parked car. The defendants pulled up and parked their car bonnet-to-bonnet with this car. Ms
Hubbard approached the car on the mother’s side and asked her to pay the money the
1 R v Taingahue [2016] NZDC 15260.
TAINGAHUE v THE QUEEN [2016] NZHC 2788 [22 November 2016]
complainant owed. Destiny and Charlene Taingahue and the fourth offender approached the complainant’s side of the car. One of those three, it was not clear which of them, hit the complainant on the head with a spanner through the passenger door. Charlene Taingahue dragged the complainant from the car and a three-on-one beating ensued. The complainant lay defenceless on the ground. The assault lasted for about one minute. The complainant suffered some contusions to her face and arms but no permanent injury. She self-discharged from the hospital on the same day as the assault.
[3] While on bail for this offending Destiny Taingahue was apprehended while attempting to sell cannabis. She was found to have 15 cannabis “tinnies”, with a total weight of 9.3 grams, three cell phones, $252 cash, and a notebook containing names and dollar amounts owed next to them.
The sentencing
[4] Charlene Taingahue and Ms Hubbard were sentenced on 29 January 2016.2
The Judge adopted a starting point of three years imprisonment for each of them. There were no personal aggravating or mitigating factors for either of them. The end sentence was therefore three years imprisonment. These sentences were upheld on appeal.3 In dismissing Ms Hubbard’s appeal the High Court Judge considered the District Court Judge did not err in declining to discount her sentence because of her two young children, aged one and three years.4
[5] Destiny Taingahue was not sentenced until 9 August 2016. This was because she was in the late stages of pregnancy when her co-offenders were sentenced. She gave birth to her baby, [name], on 29 February 2016. Further adjournments were granted to provide an opportunity to find a suitable home detention address and to await the outcome of her…
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- AGLC
- Taingahue v The Queen [2016] NZHC 2788
- Case
- [2016] NZHC 2788
- Decision Date
CaseChat Overview and Summary
The High Court found that the Judge did not sufficiently consider the mitigating factors presented, such as Taingahue's commendable efforts to improve her life and care for her child. The court noted that a defendant's family situation, including the well-being of the defendant's child, should always be taken into account by the sentencing judge. While the court recognised the severity of the offence, it held that Taingahue's efforts to become a better mother and her positive changes warranted a discount to her sentence. The court concluded that a 15% reduction was appropriate, resulting in a sentence of two years and seven months imprisonment.
The appeal was allowed, and the original sentence was replaced with a reduced sentence of two years and seven months imprisonment, reflecting the significant positive changes Taingahue had made in her life.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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