IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE
CRI 2021-441-000002
[2021] NZHC 459
BETWEEN GARY DUDLEY TUHI
Appellant
AND
THE QUEEN
Respondent
CRI 2021-441-000007 BETWEEN
JUDAS JAMES RARERE
AppellantAND
THE QUEEN
Respondent
Hearing: 9 March 2021 Appearances:
E J Forster for Mr Tuhi
W R Hawkins for Mr Rarere
S B Manning for the RespondentJudgment:
10 March 2021
JUDGMENT OF VAN BOHEMEN J
Solicitors/Counsel:
E J Forster, Barrister, Hastings
Bramwell Bate Lawyers, Hastings
Crown Solicitors Napier, Elvidge & Partners
TUHI & RARERE v R [2021] NZHC 459
[1] Gary Tuhi and Judas Rarere each appeal the sentences imposed on them by Judge B M Mackintosh on 21 January 2021 when they were sentenced together in respect of the same factual circumstances.
[1]On 21 January 2021, Mr Rarere and Mr Tuhi each pleaded guilty to charges of:
(a)Aggravated robbery;1 and
(b)Failing to comply with a direction of a medical officer of health.2
[2] In addition, Mr Tuhi pleaded guilty to an additional charge of failing to comply with a direction of a medical officer of health.3
[3] Mr Tuhi was sentenced to three years, five months and two weeks’ imprisonment after having accepted a sentence indication with a starting point of five years and nine months’ imprisonment.
[4] Mr Rarere was sentenced to three years and five months’ imprisonment after having accepted a sentence indication with a starting point of five years and eight months’ imprisonment.
[5] Both appellants appeal their sentences on the basis that the starting point adopted by Judge Mackintosh was too high and led to a manifestly excessive end sentence. Mr Rarere also appeals the sentence on the basis that the discount given for cultural factors was inadequate.
[6]The Crown opposes both appeals.
Relevant offending
[7] On 23 April 2020, during the COVID-19 national Level 4 lockdown, Mr Rarere and Mr Tuhi, together with an unidentified associate, came to the back door of a property in Napier where the complainants, four flatmates aged in their twenties,
1 Crimes Act 1961, s 235(b). Maximum penalty 14 years’ imprisonment.
2 Health Act 1956, s 72(d). Maximum penalty six months’ imprisonment or a $4,000 fine.
3 Ibid.
resided. After asking for one of the occupants by name, Mr Tuhi entered the address followed by Mr Rarere and the third associate.
[8] Mr Tuhi and Mr Rarere and the four complainants were not personally known to each other but Mr Tuhi commented that someone in the house had sold cannabis to his niece.
[9] The four complainants were gathered into the lounge by the applicants and forced to lie face-down on the floor while Mr Rarere held a knife. Mr Rarere stood guard over the complainants while Mr Tuhi and the other associate collected various items valued at approximately $2,500 from around the house, including a quantity of cannabis and cell phones belonging to the complainants. While standing guard, Mr Rarere threatened to assault the complainants and kicked the ground…
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- AGLC
- Tuhi v The Queen [2021] NZHC 459
- Case
- [2021] NZHC 459
- Decision Date
CaseChat Overview and Summary
The appeals against sentence on the basis the starting point of five years’ imprisonment was manifestly excessive and, in Rarere’s case, that the deduction for cultural factors was insufficient, are dismissed. However, because the uplifts of six months to the starting points were excessive, the sentences of Tuhi and Rarere are quashed and are replaced by the following sentences: (a) Tuhi: a term of three years and three months’ imprisonment; (b) Rarere: a term of three years, two months and two weeks’ imprisonment.
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