Tauwhare v Police

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2014-409-000019 [2014] NZHC 676

BETWEEN  PIERRE JOHN TAUWHARE Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:                   27 March 2014

Appearances:           K J Gray for Appellant

D J Orchard for Respondent

Judgment:                4 April 2014

JUDGMENT OF GENDALL J

Introduction

[1]      The appellant appeals against a sentence of two years, nine months imposed by Judge Garland in the District Court on 14 January 2014.   The sentence was imposed following guilty pleas on a range of offending undertaken by the appellant, this offending having occurred between July 2013 and September 2013.

[2]      The charges for which guilty pleas were entered and the sentences involved were as follows:

(a)       One charge of burglary (maximum penalty 10 years’ imprisonment) - sentence of two and a half years imprisonment;

(b)      Theft   from   Monteiths’   Bar   (maximum    penalty   three    months’

imprisonment) - sentence of one month imprisonment imposed;

TAUWHARE v NEW ZEALAND POLICE [2014] NZHC 676 [4 April 2014]

(c)       Theft   from    Anchor    Motel    (maximum    penalty    three    months’

imprisonment) - sentence of one month imprisonment imposed;

(d)      One  charge  of  reckless  driving  (maximum  penalty  three  months’

imprisonment, $4500 fine with minimum six months disqualification)

-  sentence  of  two  months  imprisonment  imposed  and  one  year disqualification from driving;

(e)     One charge of failing to stop (maximum penalty six months’ disqualification and $10,000 fine) - sentence of three months’ disqualification (cumulative) imposed;

(f)      One charge of possession of an offensive weapon, namely a knife (maximum penalty three months’ imprisonment) - sentence of two months’ imprisonment imposed (cumulative);

(g)One   charge   of   giving   false   alarm   -   sentence   of   one   month imprisonment imposed (cumulative);

(h)One charge of theft from Kmart (maximum penalty three months’ imprisonment) - sentence of one month imprisonment imposed (concurrent);

(i)Two charges of wilful trespass (maximum penalty three months’ imprisonment), two charges of assault (maximum penalty one year imprisonment), one charge of wilful damage (maximum penalty three months imprisonment) and one charge of breach of District Court bail

- one month imprisonment imposed (concurrent).

The facts

[3]      The facts of the offending range over a number of matters and are quite detailed.   They are set out at paragraphs [2] – [9] of Judge Garland’s sentencing notes in the District Court.  In light of the magnitude of the offending involved here

it is useful for the purposes of this appeal to set out those facts in full here which I

now do:

[2]       What you did that has caused you to come before the Court today is as follows:  At about 10.30 am on Tuesday 2 July last year you were at the Salvation Army  offices,  Crawford  Street,  Dunedin  where  you  had  been working as  a  volunteer for  approximately three  years.   You  entered the gymnasium area where a group of women were playing volley ball.   You asked to join in the game but your request was declined.  So you stood and watched.  The woman concerned approached you and asked that you leave the area.  You apparently took umbrage at that because what you…