IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-404-000213 [2015] NZHC 2426
BETWEEN ISALELI TUIFUA
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 28 September 2015 Counsel:
P Pati for Appellant
N Dobbs for RespondentJudgment:
6 October 2015
JUDGMENT OF ASHER J
This judgment was delivered by me on Tuesday, 6 October 2015 at 1 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors/Counsel:
Public Defence Service, Manukau.
Crown Solicitor, Manukau.
TUIFUA v NZ POLICE [2015] NZHC 2426 [6 October 2015]
Introduction
[1] The appellant Isaleli Tuifua is a young man who has got into a lot of trouble through repeated criminal behaviour. On 21 July 2015 having pleaded guilty he was sentenced by Judge B A Gibson to two and a half years’ imprisonment on burglary, theft and driving charges. He now appeals.
Background
[2] The charges relate to offending between 18 April 2014 and 22 January 2015. There are 12 charges in total: unlawfully taking a motor vehicle (x 2), unlawfully getting into a motor vehicle (x 4), burglary (x 2), failing to stop for red and blue flashing lights (x 2), driving a vehicle in a dangerous manner, and operating a motor vehicle recklessly.
[3] Mr Tuifua turned 17 on 18 April 2014. The first offence occurred on that date. Mr Tuifua was in a stolen vehicle in Mangere. The vehicle was chased by Police before having a head-on collision on an on-ramp to the south-western motorway with an elderly driver. One conviction of unlawfully getting into a motor vehicle, one conviction of failing to stop and one conviction for reckless driving arose. The maximum sentences available were two years’ imprisonment for unlawfully getting into a motor vehicle, a fine of $10,000 for failing to stop, and three months’ imprisonment for operating a motor vehicle recklessly.
[4] On the second occasion on 27 May 2014 he failed to answer District Court bail at the District Court. Looking at bail breaches as a whole, between 30 May
2014 and 22 January 2015 he was arrested for breaching his bail conditions five times. Two of the breaches were accepted. It is unclear whether the other breaches were accepted or proven.
[5] On the third occasion on 1 September 2014 Mr Tuifua unlawfully got into a stolen Mazda vehicle. When he was in the vehicle he was approached by the Police. He drove the vehicle away from the Police and started speeding through city streets. He was travelling on occasions at about 100 kilometres per hour and defying the red and blue flashing lights and sirens. He went through a number of red lights at speed.
He stopped the vehicle at a kerb at an intersection causing damage to the left front wheel and bumper. He was charged with unlawfully getting into a motor vehicle, failing to stop for red and blue flashing lights and reckless driving.
[6] The fourth action which led to a conviction was Mr Tuifua’s participation in a burglary on 9…
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