| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA35/2023 [2023] NZCA 327 |
| BETWEEN | MAHUTA TE AO |
| AND | THE KING |
| CA42/2023 | ||
| BETWEEN | DESMOND PARATA | |
| AND | THE KING | |
| Hearing: | 13 June 2023 |
Court: | Wylie, Thomas and Brewer JJ |
Counsel: | A J D Bamford for Appellant in CA35/2023 |
Judgment: | 27 July 2023 at 10 am |
JUDGMENT OF THE COURT
A Mr Te Ao’s appeal against sentence is dismissed.
B Mr Parata’s appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Brewer J)
Introduction
Mr Te Ao and Mr Parata each pleaded guilty to two charges of aggravated robbery.[1] On 16 December 2022, McQueen J sentenced Mr Te Ao to two years and four months’ imprisonment and Mr Parata to two years and two months’ imprisonment.[2] They now appeal their sentences. They contend they are manifestly excessive.
[1]Crimes Act 1961, s 235(b) — maximum penalty 14 years’ imprisonment.
A first appeal court must allow an appeal against sentence if it is satisfied that there is an error in the sentence and a different sentence should be imposed.[3] A manifestly excessive sentence is an error which will result in the appeal court imposing a different sentence.
Background
[3]Criminal Procedure Act 2011, s 250.
Mr Te Ao and Mr Parata were sentenced with a third offender, Mr Thompson. We reproduce McQueen J’s summary of their offending:
[4] All three of you were known to the flatmates of the victim. On an earlier visit to one of those flatmates at the property, about a month before the offending, Mr Thompson and Mr Te Ao, you acted to intimidate the victim at the property. By coincidence, the police attended the property to speak with the victim’s flatmate. However, Mr Te Ao, you believed the victim had called the police on you.
[5] On 25 July 2020, Mr Te Ao and Mr Parata, you went to the flat with the purpose of visiting another of the victim’s flatmates known to you. You sat in the lounge with the victim, and both smoked some methamphetamine with his flatmate. During this time, Mr Te Ao, you became agitated. You started to insult and berate the victim, particularly for “calling the police” on you during your last visit. You told the victim he now owed you $100 as compensation. During this time, Mr Parata, you took out a black BB gun (being an imitation firearm) from an inside jacket pocket and gestured towards the victim in a shooting motion, saying “pow pow”. Mr Te Ao, you continued to threaten the victim that he would be shot or you would cut his throat if he went to the police again. You said you would take his cellphone as collateral, returning it only once the $100 was paid. The victim believed he would be seriously harmed or killed if he did…
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- AGLC
- Te Ao v The King [2023] NZCA 327
- Case
- [2023] NZCA 327
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