IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2025-404-000198 CRI-2025-404-000199 [2025] NZHC 1921
BETWEEN PAULA VAIPAPALANGI
Appellant
AND THE KING
Respondent
Hearing: 14 July 2025
Appearances: M Taylor-Cyphers on behalf of A Ives for Appellant R van Boheemen for Respondent
Judgment: 14 July 2025
Reasons: 14 July 2025
Reissued: 17 July 2025
REASONS FOR JUDGMENT OF VENNING J
This judgment was delivered by me on 14 July 2025 at 4.00 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors: Meredith Connell, Auckland Counsel: A Ives, Barrister, Auckland
VAIPAPALANGI v R [2025] NZHC 1921 [14 July 2025]
[1] Paula Vaipapalangi pleaded guilty to charges of burglary and demanding with intent to steal; possession of an offensive weapon; refusing a request to give blood (third and subsequent) and driving while suspended (third and subsequent). Judge P J Sinclair sentenced Mr Vaipapalangi to imprisonment for a period of 29½ months.1 Mr Vaipapalangi appeals against sentence.
[2] At the conclusion of the appeal hearing I dismissed the appeal with reasons to follow. These are the reasons.
Background
[3]I take the summary of facts from the Judge’s sentencing notes:
[3] The summary of facts for the burglary and demanding with intent to steal are as follows. Mr Vaipapalangi, you are a patched member of the Head Hunters motorcycle gang and Mr Astle, you were a prospect at the time of the offending.
[4] On 10 June 2023, Mr Vaipapalangi, you arranged for Mr Astle and another unidentified person to go to the Desire Love Motel, a brothel in Hillcrest. Later that day in the evening, Mr Astle, you and an associate arrived at the motel wearing disguises and armed with a baseball bat. You entered the building and rang the door buzzer on an internal door and demanded to speak to the owner pointing the bat at one of the employees. The employee opened the door, and you and your associate walked past her and began to smash the front room of the business using the baseball bat. You took turns with your associate going behind the bar and front counter to damage and destroy bottles of alcohol, the cash register, drink coolers, computers, a mirror, and the bar area in general. Your associates told the employee that they had to pay the Head Hunters’ patch. As you and your associate left, you smashed two large glass panels at the front door of the motel.
[5] Mr Vaipapalangi, analysis of your phone seized during a search of your address located a Snapchat screenshot of the Desire Love Motel business card, together with a caption “all done Doco”, and referred to the owner’s number and that the motel had been smashed.
[6] On 13 June 2023, staff members at the motel began to receive a series of threatening phone calls from both of you and/or your associates. On 23 June, Mr Astle, you called Frederico Ronnau’s mobile number and arranged…
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- AGLC
- Vaipapalangi v The King [2025] NZHC 1921
- Case
- [2025] NZHC 1921
- Decision Date
CaseChat Overview and Summary
The High Court found that Vaipapalangi's role as the instigator of the offending, using his status within the Head Hunters gang, warranted a high starting point. The court noted that although Vaipapalangi was not physically present during the burglary, he directed the actions of Mr Astle, who carried out the actual burglary. The court also considered the seriousness of the offending, including the use of a weapon and the gang context, which supported a starting point in the region of four to four and a half years. Despite the appellant's submissions that the starting point should have been lower and the discounts higher, the court found the overall sentence of 29½ months was well within the appropriate range and was not manifestly excessive. Consequently, the appeal was dismissed.
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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