Tribble v Police

Case [2016] NZHC 187


IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2015-488-41
CRI-2015-488-42
CRI-2015-488-43

CRI-2015-488-44 [2016] NZHC 187

ISRAEL JOHN TRIBBLE

v

NEW ZEALAND POLICE

Hearing: 3 February 2016

Appearances:

A Dooney for the Appellant
M A Jarman-Taylor and J W Wall for the Respondent

Judgment:

16 February 2016

Reissued:

18 February 2016

JUDGMENT OF THOMAS J

This judgment was delivered by me on 16 February 2016 at 4.45 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date:………………………….

Solicitors:

Marsden, Woods, Inskip and Smith, Whangarei.

Counsel:

A Dooney, Whangarei.

TRIBBLE v NEW ZEALAND POLICE [2016] NZHC 187 [16 February 2016]

Introduction

[1]      Mr Israel Tribble was convicted of aggravated robbery using a firearm, under s 235(c) of the Crimes Act.1 He pleaded guilty, and was sentenced on 12 November

2015 to five years and three months’ imprisonment, with a minimum non-parole period of two years.

[2]      Mr Tribble now appeals that sentence on the grounds that it was manifestly excessive.

Factual background

[3]      On 11 August 2015, the victim was at the Hilltop Dairy in Dargaville where she worked.  Her home is attached to the dairy.

[4]      Mr Tribble  and  his  co-offender  Mr  Paniora  planned  to  rob  the  dairy, discussing it over text with associates.   Mr Paniora was to be the driver and pick Mr Tribble up afterward.   For the purpose of the robbery, Mr Tribble obtained a double-barrelled shotgun, which had had the barrel shortened, ammunition, a carry bag and some items of disguise.

[5]      Around 4.15 pm, Mr Paniora drove Mr Tribble near the store.  Once nearing the shop, Mr Tribble pulled a red bandanna over his face.  Once inside, he took the shotgun out of the bag.

[6]      As there was no-one in the store, Mr Tribble went through a hallway into the victim’s home.  He pointed the shotgun at her and demanded access to the safe.  On being told there was no safe, Mr Tribble demanded that she come back into the shop area, and requested the money from the till.  The victim opened the till, removed the cash, and placed it in the defendant’s carry bag.   Mr Tribble then requested the cigarettes  from  the  display  cupboard,  which  the  victim  also  placed  in  the  bag. Mr Tribble pointed the shotgun at her while making these requests.

[7]      Mr Tribble then ran out of the shop, to the nearby road where Mr Paniora was waiting.   The amount taken was approximately $200 in cash, and 20 packets of cigarettes.

[8]      The Police executed a search warrant at a house on 21 August, and located both men there as well as a number of items used in the robbery, such as the bandanna, carry bag and shotgun.   When asked, Mr Tribble admitted some of the facts and stated that he needed money.  He claimed he had received the shotgun from an unknown associate about a year earlier and had cut it down.

Pre-sentence report

[9]      Mr Tribble was found to have little insight into his offending.  Key…

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Tribble v Police [2016] NZHC 187
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[2016] NZHC 187
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CaseChat Overview and Summary

Israel John Tribble appeals his sentence for aggravated robbery of a dairy store using a firearm, arguing it was manifestly excessive. The District Court Judge had sentenced Tribble to five years and three months’ imprisonment, with a minimum non-parole period of two years. Tribble submits that a starting point of four years’ imprisonment would have been appropriate, given the lack of actual violence and the limited sum taken in the robbery. The Crown submits that the seven-year starting point, although at the top end, was not out of range. The court must allow the appeal if satisfied that there is an error in the sentence imposed and a different sentence should be imposed. The court found that the seven-year starting point was too high and substituted it with a sentence of four years and two months’ imprisonment, with a minimum period of imprisonment of 20 months. The appeal was allowed, and the sentence was quashed and substituted.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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