Tepania v Police

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2025-404-299

CRI-2025-404-300 [2025] NZHC 2282

BETWEEN

ROBERT TEPANIA

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 11 August 2025

Appearances:

K Ilango (on behalf of A Williams) for Appellant S K Jocelyn for Respondent

Judgment:

12 August 2025


JUDGMENT OF LANG J

[on appeal against sentence]


This judgment was delivered by Justice Lang On 12 August 2025 at 3.00 pm

Registrar/Deputy Registrar Date:…………………………

Solicitors/counsel:

A W Law, Manukau

Kayes Fletcher Walker, Manukau

TEPANIA v POLICE [2025] NZHC 2282 [12 August 2025]

[1]    Mr Tepania pleaded guilty in the District Court at Papakura to two charges of burglary and one charge of breaching a sentence of community work.

On 30 May 2025, Judge G T Winter sentenced him to 25 months imprisonment.1

[2]    Mr Tepania appeals against sentence. He contends the Judge selected a starting point that was too high on one of the burglary charges. He also says the Judge failed to provide him with an adequate discount in relation to mitigating factors.

The offending

[3]    The first burglary charge related to the burglary of a residential address on the evening of 31 December 2024. The occupants had left  the  address  at  approximately 3.00 pm that day to celebrate New Year’s Eve elsewhere. They returned at midday the following day to find that their house had been “rough searched”, or ransacked. A portable speaker and a television set had been stolen. These cost approximately $1,100 to replace.

[4]    A baseball cap was found outside the lounge window of the address. DNA extracted from the cap was found to match Mr Tepania’s DNA profile.

[5]    The second burglary charge  related  to  the  burglary  of  a  recycling  plant on 25 February 2025. Mr Tepania and an associate were seen on CCTV to enter the property through a gap in a boundary fence. They picked up a copper aluminium belt and placed this near an exit. Mr Tepania was identified a short time later at a service station, where he was arrested.

[6]    The charge of breaching the sentence  of  community  work  was  laid after Mr Tepania failed to carry out a sentence of community work imposed for breaching a sentence of home detention on five occasions in April 2024. The sentence of home detention had been imposed on 22 February 2024.


1      Police v Tepania [2025] NZDC 12809.

The sentence

[7]    The Judge selected a starting point of 20 months imprisonment on the first burglary charge.2 He added an uplift of six months to reflect the second burglary charge3 and a further uplift of two months to reflect the charge of breaching the sentence of community work.4 This resulted in a sentence of 28 months imprisonment.

[8]    The Judge then applied a discount of six months, or 20 per cent, to reflect guilty pleas.5 Finally, he added an uplift of three months to reflect the fact that Mr Tepania had 13 previous convictions for burglary…

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Details
Case
[2025] NZHC 2282
Decision Date

CaseChat Overview and Summary

The High Court of New Zealand, Auckland Registry, heard an appeal from Robert Tepania against his sentence. Tepania had pleaded guilty to two counts of burglary and one count of breaching a community work sentence. He was sentenced to 25 months imprisonment by Judge G T Winter. Tepania contested the sentence on the grounds that the starting point for one of the burglary charges was too high and that the judge did not sufficiently discount the sentence for mitigating factors. The key legal issues revolved around whether the starting point for the first burglary charge was appropriate, whether the judge should have applied a discount for Tepania's remorse, and if the judge should have considered other rehabilitative options. The court examined the starting point selected by the judge and found it to be within the range approved by the Court of Appeal. The court also concluded that the judge was entitled to be sceptical of Tepania's expressions of remorse given his extensive criminal history. Lastly, the court found that no rehabilitative options could be considered as the sentence was custodial. In light of these findings, the appeal against sentence was dismissed.

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