IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2023-409-235
[2024] NZHC 322
BETWEEN NIKORA TAMATI WIRINGI
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 22 February 2024 Appearances:
G E R Alloway for Appellant
W J S Mohammed for Respondent
Judgment:
27 February 2024
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 27 February 2024 at 11.30 am, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
WIRINGI v NEW ZEALAND POLICE [2024] NZHC 322 [27 February 2024]
Introduction
[1] Nikora Wiringi was sentenced to two years three months’ imprisonment by Judge Couch on 8 November 2023 for charges of:1
(a)possession of a knife;2
(b)burglary;3
(c)threatening behaviour;4
(d)breach of protection order;5
(e)speaking threateningly;6
(f)wilful damage;7
(g)interfering with motor vehicles (representative);8 and
(h)dishonest use of a vehicle.9
[2]Mr Wiringi appeals that sentence on the basis it is manifestly excessive.
Factual background
Possession of a knife
[3] On 23 February 2023, police stopped Mr Wiringi after he was observed driving a car erratically in Nelson and found a knife in the car.
1 Police v Wiringi [2023] NZDC 24808.
2 Summary Offences Act 1981, s 13A; maximum penalty three months’ imprisonment or a fine of
$2,000.
3 Crimes Act 1961, s 231(1)(a); maximum penalty 10 years’ imprisonment.
4 Summary Offences Act, s 21(1)(a); maximum penalty three months’ imprisonment or a $2,000 fine.
5 Family Violence Act 2018, ss 90(a), 9 and 112(1)(a); maximum penalty three years’ imprisonment.
6 Summary Offences Act, s 21(1)(a); maximum penalty three months’ imprisonment or a $2,000 fine.
7 Section 11(1)(a); maximum penalty three months’ imprisonment or a $2,000 fine.
8 Crimes Act, s 226(2); maximum penalty two years’ imprisonment.
9 Section 226(1); maximum penalty seven years’ imprisonment.
Threatening behaviour
[4] On 17 April 2023, Mr Wiringi was at the Nelson District Court. He threatened a security guard by saying, “I’m going to come back and get you” and racially abused him.
Breach of protection order, speaking threateningly, and wilful damage
[5] In January 2022, a protection order was made final against Mr Wiringi in favour of his ex-partner.
[6] At approximately 8.40 am on 1 May 2023, Mr Wiringi went to his ex-partner’s unit and banged on the door. His ex-partner did not answer but went onto the balcony of the unit to see what Mr Wiringi wanted. The two got into an argument and, in the course of that argument, Mr Wiringi threw a rock at her vehicle, shattering the windshield.
[7] Before the incident, Mr Wiringi sent several text messages to his ex-partner threatening to assault her. One text stated, “Next time ima punch your nose in”.
Burglary, interfering with motor vehicles, and dishonest use of a vehicle
[8] Between 7 pm on 5 July and 9.30 am on 6 July 2023, a Nissan vehicle was stolen from the owner’s secured residential garage in Christchurch.
[9] Between 17 and 18 July 2023, Mr Wiringi and his co-offender, Mr Swete, were at…
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