Utiera v The King

Case [2025] NZHC 2162


IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CRI-2025-441-006

[2025] NZHC 2162

BETWEEN

JOHN UTIERA

Appellant

AND

THE KING

Respondent

Hearing: 24 July 2025

Appearances:

F J S Ryan for Appellant

F E Cleary for Respondent

Judgment:

4 August 2025


JUDGMENT OF GRICE J

(Appeal against sentence)


Introduction

[1]                 John Utiera pleaded guilty to one charge of theft between $500 and $1,000,1 12 charges of theft under $500,2 and one charge of failing to answer District Court bail.3 He was sentenced to two years’ imprisonment on those  charges  in  the  District Court at Napier on 2 May 2025.4

[2]                 Mr Utiera now appeals against that decision on the basis that the sentence imposed was manifestly excessive. The Crown opposes the appeal and submits that, while the end sentence and its component parts were undoubtedly stern, the outcome was appropriate in the circumstances.


1      Crimes Act 1961, ss 219 and 223(c) — maximum penalty one year’s imprisonment.

2      Crimes Act, ss 219 and 223(d) — maximum penalty three months’ imprisonment.

3      Bail Act 2000, s 38(a) — maximum penalty one year’s imprisonment, or $2,000 fine.

4      New Zealand Police v Utiera [2025] NZDC 9878 [judgment under appeal].

UTIERA v R [2025] NZHC 2162 [4 August 2025]

Background

The offending

[3]                 The offending, which was carried out during the period from December 2024 to March 2025, involved a series of low-level thefts, mainly by Mr Utiera filling his car at petrol stations and leaving without paying, but also some shoplifting offending. Mr Ryan, for Mr Utiera, confirmed that the Crown’s summary of the offending accurately outlined the factual basis for the resulting charges, as follows:

Date

Charge

CRN

ending

Description of Offending

18 Dec 2024 Theft (under $500) 0930

Stole $80.74 of petrol from BP Bay View Napier by filling his car and driving

away without paying.

23 Dec 2024 Theft (under $500) 0564

The appellant entered the Warehouse in Palmerston

North with a female associate, together they loaded the trolley with 34 items (total value

$819.48) and exited the store. They were confronted outside and all items were recovered.

The amount attributed to the appellant’s share is $409.75.

(“the Warehouse offending”)

10 Jan 2025 Theft (under $500) 1170 Stole $87.68 of petrol from Z Havelock North by filling his car and driving  away without paying.
27 Jan 2025 Theft (under $500) 0530 Stole $152.46 of petrol from Z Tauhara, Taupo by filling his car and driving away without paying.

28 Jan 2025

Theft (under $500)

0860

Stole $128.73 of petrol from

Z Gisborne by filling his car and driving away without paying.

13 Feb

2025

Theft (under $500) 1172

Stole $101.48 of petrol from Mobil Waipukurau by filling his car and driving away

without paying.

14 Feb

2025

Theft (under $500) 0861

Stole $121 of petrol from Z Gisborne by filling his car and driving away without

paying.

15 Feb

2025

Theft (under $500) 0862

Entered Rebel Sports in Gisborne at around…

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Utiera v The King [2025] NZHC 2162
Case
[2025] NZHC 2162
Decision Date

CaseChat Overview and Summary

John Utiera appealed against the sentence of two years’ imprisonment imposed on him in the District Court, arguing that the sentence was manifestly excessive. The Crown opposed the appeal, contending that while the sentence was stern, it was appropriate given the circumstances. The High Court found that the starting points for the charges were excessive, particularly for the theft charges under $500, and that the cumulative approach taken by the District Court was inconsistent with established case law. The Court also found that the uplifts for the charge of failing to answer bail, the uplift for previous convictions, and the discount for guilty pleas were inappropriate. The Court concluded that the overall starting point should have been 12 months, and after applying the totality adjustment and guilty plea discount, the sentence should have been approximately 14 and a half months’ imprisonment. The appeal was allowed, and the sentence of two years’ imprisonment was set aside, to be replaced with a sentence of 14 and a half months’ imprisonment.

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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