IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2021-409-000040
[2021] NZHC 1011
BETWEEN RONALD SYDNEY WHAREPAPA
Appellant
AND
THE QUEEN
Respondent
Hearing: 28 April 2021 Appearances:
E J Forster for the Appellant
J E Lancaster for the Respondent
Judgment:
7 May 2021
JUDGMENT OF NATION J
Introduction
[1] Mr Wharepapa was convicted of assault with a weapon and breaching a protection order. Judge Garland sentenced him to two years and three months’ imprisonment.1
[2]Mr Wharepapa appeals that sentence.
Facts
[3] The victim is Mr Wharepapa’s ex-partner. They were together for 20 years and share three children, an adult daughter and two younger sons.
1 R v Wharepapa [2021] NZDC 1300.
WHAREPAPA v R [2021] NZHC 1011 [7 May 2021]
[4] On 20 December 2019, a protection order was issued against Mr Wharepapa in relation to the victim. On 15 February 2020, Mr Wharepapa was detained following a family harm incident. A 10 day police safety order was issued and served on Mr Wharepapa. The victim was named as the protected person.
[5] The day after the safety order was issued, Mr Wharepapa was at an address in Fitzgerald Avenue, Christchurch with the victim. They got into an argument. Mr Wharepapa became angry and verbally abused the victim. At the time, they were on opposite sides of a vehicle. Mr Wharepapa threw a full glass bottle at the victim. The bottle struck the top of her head, causing a laceration, and smashed. Mr Wharepapa continued to verbally abuse the victim until he was driven away by an associate.
District Court decision
[6] Judge Garland set out the facts of the offending. He then turned to the pre- sentence report.
[7] The Judge recorded Mr Wharepapa was 49 years of age with a criminal history spanning nearly four decades. He noted prior offending has been strongly linked to Mr Wharepapa’s membership of the Mongrel Mob.
[8] The Judge considered the pre-sentence report writer’s comments that Mr Wharepapa seems to be on a desistence pathway. He said Mr Wharepapa’s last convictions of significance were for violence-related offences and resulted in a term of imprisonment in 2013. The Judge noted Mr Wharepapa has, since then, been convicted of less serious matters which have been dealt with largely by fines or community work.
[9] The Judge referred to the fact that Mr Wharepapa refused to discuss his drug and alcohol issues with the probation officer. The Judge noted Mr Wharepapa’s anti- authority and anti-social attitudes, sense of entitlement, externalisation of blame and justification of his offending. With respect to the breach of the protection order, the Judge considered Mr Wharepapa’s explanation, that nothing would stop him seeing his children, to be inadequate.
[10] The Judge noted Mr Wharepapa refused to provide an address for electronic monitoring in his own region (Hastings).
[11] In setting a starting point, the Judge referred to the statutory purposes and principles of the Sentencing Act 2002 and the guideline decision of
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- Wharepapa v R [2021] NZHC 1011
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- [2021] NZHC 1011
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