IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
CRI-2014-416-000006 [2014] NZHC 556
BETWEEN THOMAS TENI TUTAKANGAHAU
Appellant
AND
THE QUEEN Respondent
Hearing: 24 March 2014
(Heard at Auckland via AVL)
Counsel:
T Epati for the Appellant
R Guthrie for the RespondentJudgment:
25 March 2014
JUDGMENT OF BROWN J
This judgment was delivered by me on 25 March 2014 at 4.30 pm, pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Solicitors: Crown Solicitors, Gisborne
Rishworth Wall & Mathieson, Gisborne
TUTAKANGAHAU v R [2014] NZHC 556 [25 March 2014]
Introduction
[1] Mr Tutakangahau appeals against a sentence of 11 months imprisonment imposed by Judge A J Adeane in the District Court at Gisborne on 18 February 2014. The appellant had entered a guilty plea to one count of burglary.
Background facts
[2] The offending occurred during the “Rhythm and Vines” festival in Gisborne over the 2013/2014 New Year period. Many thousands of young people arrive in Gisborne from all over the country for this festival and camp in designated camping grounds, one of which is located in Churchill Park. At about 12.30 am on
30 December 2013 the appellant jumped over a large barbed wire fence into the camping ground in Churchill Park. He then entered two closed tents and removed items of clothing, personal items and sunglasses belonging to four campers who were out attending the festival.
[3] The appellant bagged all the stolen property into a suitcase and left the same way he had arrived. He was located the following morning by the police, admitted that he had stolen the property and showed the officers where the suitcase was hidden. Although those items that were located were returned to the victims, a large amount of property was unrecovered. In explanation the appellant stated he was just being drunk and stupid.
[4] A Department of Corrections report to the Court noted the appellant’s previous burglary offending (stating erroneously that his Youth Court appearances were “convictions”), assessed his likelihood of re-offending as medium and recommended a sentence of imprisonment. The report stated that due to the offending an electronically monitored sentence was not requested to be canvassed.
District Court decision
[5] The Judge noted the maximum penalty of 10 years imprisonment for burglary, the fact that the appellant had had 13 previous burglary matters in the Youth Court, the submissions for the appellant suggesting that he was now becoming
remorseful for his offending and a probation report setting out the appellant’s
personal circumstances. In assessing an appropriate sentence his Honour said:
[6] A starting point, by reference to R v Columbus [2008] NZCA 192, of
15 months’ imprisonment is adopted. You are entitled to a 25 per cent deduction from that; you have pleaded guilty at an early stage. Any
suggestion that you might receive a further discount by reference to your age
is off-set, in my mind, by those previous convictions to which I have referred. A youth discount in the circumstances, where you have…
Keep reading for free
Create a free CaseChat account to read Tutakangahau v R and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2014] NZHC 556
- Decision Date
CaseChat Overview and Summary
The Court found that the starting point of 15 months was within the range available in the circumstances of this case. The Court also considered that the sentencing judge had adopted the starting point by reference to previous cases, and any consideration of the appellant’s prior burglary history appeared to have been considered as a distinct matter separate from the starting point. Regarding the second ground of appeal, the Court held that the sentencing judge had correctly offset the uplift for the appellant’s history of burglary and the discount for youth. The Court concluded that the sentencing judge did not make any error which would warrant the High Court intervening, and the appeal was dismissed.
The High Court's decision in Tutakangahau v R highlights the importance of correctly applying sentencing principles and considering relevant factors, such as the offender's history and the need for rehabilitation, when determining an appropriate sentence. The Court also emphasised the need for accurate and up-to-date information to be provided to the sentencing judge to ensure that the sentence imposed is justified and appropriate.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.