IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2024-404-667
[2025] NZHC 92
BETWEEN JUNE TIHEMA
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 3 February 2025 Appearances:
A Zhao for Appellant
W Sudhakar for Respondent
Judgment:
7 February 2025
JUDGMENT OF GORDON J
This judgment was delivered by me on Friday, 7 February 2025 at 11:45 am.
Registrar/Deputy Registrar
Solicitors: Public Defence Service (A Zhao), Auckland
Meredith Connell (Office of the Crown Solicitor), Auckland
TIHEMA v NEW ZEALAND POLICE [2025] NZHC 92 [7 February 2025]
Introduction
[1] The appellant, June Tihema, was sentenced to two years and 11 months’ imprisonment by Judge C M Ryan in the Auckland District Court on 25 October 2024,1 having pleaded guilty to the following charges:
(a)Burglary (x 2);2
(b)Unlawfully being in an enclosed yard (x 2);3
(c)Dishonestly using a credit card (x 3);4 and
(d)Breach of home detention conditions.5
[2] Ms Tihema now appeals her sentence. She says that the end sentence imposed was manifestly excessive because:
(a)the Judge should have given a discount for remorse; and
(b)the Judge similarly erred in not giving a discount for cultural and background factors.
[3] Ms Tihema does not take issue with the starting point nor any of the uplifts or other discounts.
[4] The respondent’s position is that the Judge was correct not to give discounts for either of these two factors and the end sentence was not manifestly excessive. The respondent accordingly opposes the appeal.
1 Police v Tihema [2024] NZDC 26516.
2 Crimes Act 1961, s 231; maximum penalty 10 years’ imprisonment
3 Summary Offences Act 1981, s 29(1)(b); Maximum penalty three months' imprisonment or a fine not exceeding $2,000.
4 Crimes Act 1961 s 228(1)(b); maximum penalty seven years’ imprisonment
5 Sentencing Act 202, s 80S; maximum penalty of one year’s imprisonment.
The offending
[5] As noted by Judge Ryan, the summaries of facts are rather confusing due to discrepancies in dates and details as between the summaries and charges. Nevertheless, it appears Ms Tihema’s offending was committed between December 2023 and February 2024 as follows:
(a)The first charge was a breach of home detention conditions on 20 December 2023 when Ms Tihema left her home detention address at the Odyssey House rehabilitation facility without an approved absence and failed to submit to EM monitoring.
(b)The second and third charges were in relation to one incident on 20 January 2024. At 12:08 pm, Ms Tihema entered a residential address in Ellerslie through an open front door. She went into the front bedroom and took a wallet containing $400, and a credit card. She then used the credit card to a value of $97.92. Ms Tihema was charged with burglary and unlawfully using a credit card in relation to this incident.
(c)The fourth and fifth charges were in relation to an incident on 23 January 2024. At 9:08 am, Ms Tihema entered the Padma Buddhist Institute through an unlocked back door. She took a handbag…
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- Case
- [2025] NZHC 92
- Decision Date
CaseChat Overview and Summary
The legal issues in this case centre on whether the Judge erred in not giving discounts for remorse and cultural background factors, and whether the end sentence of two years and 11 months' imprisonment was manifestly excessive. The appeal court must consider whether there was an error in the sentence imposed and whether the sentence is within the range that can be properly justified by accepted sentencing principles.
The court examined whether the Judge should have given discounts for remorse and cultural background factors. The court found that the Judge was entitled to consider the lack of genuine remorse given Tihema's extensive history of dishonesty and failure to comply with home detention. Regarding the cultural report, the court found it was open to the Judge not to give any weight to the self-reported information, especially since there was no corroboration. The court also noted that any background factors were intrinsically linked to Tihema’s addiction, for which she had already received a discount.
Finally, the court assessed whether the end sentence was manifestly excessive. The court found that even if the Judge should have given discounts for remorse and cultural factors, the end sentence was not manifestly excessive. The court noted that the starting point and uplifts for prior offending were within the appropriate range and the sentence was lenient given the circumstances.
The appeal is dismissed. The sentence of two years and 11 months' imprisonment is not manifestly excessive.
Orders
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