IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2017-404-000291 [2017] NZHC 2552
BETWEEN MICHAEL WAYNE TITO
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 17 October 2017 Appearances:
P Masani and D B Dow for the Appellant
E J Smith for the RespondentJudgment:
19 October 2017
JUDGMENT OF HINTON J
This judgment was delivered by me on 19 October 2017 at 11.00 am pursuant to Rule 11.5 of the High Court Rules
……………………………………………………………………
Registrar/Deputy Registrar
Solicitors:
Public Defence Service, Waitakere
Meredith Connell, Auckland
TITO v NEW ZEALAND POLICE [2017] NZHC 2552 [19 October 2017]
[1] On 6 January 2017, Mr Tito was stopped by Police in a stolen car. Following his arrest, Mr Tito volunteered and confessed to a number of other dishonesty crimes.
[2] Mr Tito pleaded guilty to a number of charges, including one charge of unlawfully taking a motor vehicle; two charges of theft of property valued over
$1,000, and one charge of theft of property valued at $500-$1,000.1
[3] On 10 July 2017, Mr Tito was sentenced in the District Court by Judge Jelas.2 He now appeals the sentence imposed of 22 months’ imprisonment, on the basis the Judge adopted too high a starting point on the lead charge and failed to allow a discount for Mr Tito’s confessions.
Factual background
[4] Mr Tito is a 31-year-old man of Ngāti Porou descent. He experienced a difficult childhood that included physical and emotional abuse. He has spent his adulthood in and out of prison as a result of a considerable record of offending. He has more than 100 previous criminal convictions, largely for dishonesty or driving-related offences. The pre-sentence report suggests that Mr Tito’s dishonesty offending is in part due to the need to fund his alcohol and drug abuse.
[5] On 6 January 2017, Mr Tito was stopped driving a stolen car that he had taken on 30 December 2016, having found the car unlocked in a driveway with the keys inside. The car was worth $18,000. On 4 January 2017, Mr Tito filled up the car at a petrol station with fuel worth $118.60, and drove off without paying.
[6] Following his arrest, Mr Tito spoke to the Police about a number of other crimes. Police suspected Mr Tito of being involved in some, but had insufficient
1The other charges were three charges of theft of property valued under $500; one charge of receiving ($500-1,000); two representative charges of unlawfully using a document; and one charge of breaching release conditions.
2 Police v Tito [2017] NZDC 14958.
evidence. Others had not been linked to Mr Tito. As a result of this discussion, Mr Tito confessed to the following offending:
(a) Taking clothing, vouchers, cash and a debit card worth $668 from an unlocked vehicle between 14 and 15 December 2016, and using the debit card to purchase items on three occasions totalling
$170.24.
(b) Taking credit cards, a ring, sunglasses and cash together worth over
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