R v Pulu [2016] NZDC 14563 (29 July 2016)

Last Updated: 17 February 2017

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT AUCKLAND

CRI-2015-090-003652 [2016] NZDC 14563
_{THREE STRIKES LAW}

THE QUEEN

v

_{GEORGE PULU}

Hearing:	29 July 2016
Appearances:	T Bellington for the Crown A McLean for the Defendant
Judgment:	29 July 2016

_{NOTES OF JUDGE N R DAWSON ON SENTENCING}

[1] Mr Pulu, you appear in Court today for sentencing on a charge of aggravated robbery. At about 3.00 pm on 3 July 2015 you and two others went to a dairy in New Lynn. Inside the dairy was the owner of the dairy, and also a female customer.

[2] The three of you entered the dairy. One of your associates was armed with firearm, and he pointed that at the diary owner. The female customer ran from the store. The three of you demanded money from the victim, and you and one of your associates went behind the counter while the man with the firearm kept it pointed at the victim. He was directed to open the till and you and another associate removed cash, cigarettes and tobacco from behind the counter placing the items into a bag.

[3] You then left the diary followed by your associate with the gun, who also removed bars of chocolate from the display area as he left. You then ran through a

_{park and had got into a motor vehicle parked there, that had been driven to that}

R v GEORGE PULU [2016] NZDC 14563 [29 July 2016]

position by one of your co-defendants. You then drove to a property in Kelston, parked the vehicle and you hid the stolen property inside the house. You then got into another vehicle and left the house. You were stopped a short time later.

[4] The victim was not injured but is very shaken by the incident.

[5] I note that you are now 21 years of age. You have three previous convictions for dishonesty, six breach convictions and one for behaving threateningly. I have read the pre-sentence report, and I have also read the submissions that have been filed with the Court by the Crown and your counsel. I have also read your letter of apology, and seen the certificates for the various courses you have done while you have been on remand.

[6] Aggravated robbery is a serious offence which has a maximum sentence of

14 years’ imprisonment. The sentencing factors I need to take into account are to hold you accountable for the harm caused by your offending to the victim, the dairy owner, and the community as a whole. I denounce your conduct and a sentence needs to be imposed to get the message home to you and others that you cannot behave in this way. It is a serious offence. It must be met with a serious sentence to make that clear to you. The community should not have this offending going on within it, and unfortunately the robbery of dairies is far too common that a message needs to be sent that if that happens then there is serious consequences.

[7] The aggravating factors for the threatened use of a weapon which was a BB gun but, of course, the dairy owner was not to know that. There is the extent of the loss of the items you took from the dairy. The victim was also very vulnerable as one of your members appeared to be armed, and there were three of you against him, and there was one member of the public who left the dairy. There is a medium level of premeditation involved as you had disguises and a weapon, and a vehicle parked nearby to help you get away afterwards. The final aggravating factor is the number and relevance of your previous convictions.

[8] In mitigation you were 20 years of age at the time of the offending. A guilty plea was entered late a month after the trial had been adjourned.

[9] The probation report notes that you demonstrated some remorse however you appear to lack insight into the seriousness of your offending. The contributing factors to your offending are identified as offending support of associates, offending support of attitudes and entitlements and drug use. Your risk of re-offending is assessed as medium, and you are assessed as posing a medium risk of harm. The recommendation is imprisonment.

[10] In my view the starting point for your sentencing is the same as for one of your co-defendants, a sentence of imprisonment of five years. For your late guilty you are entitled to a 10 percent discount. For your age I am granting you a further five percent discount, and for your offer to go to restorative justice a further five percent discount. That would take 12 months off your sentence.

[11] You have indicated your remorse in the letter that you have written to the Court and it is a well written letter, and it has all the appearance of being sincere. I will therefore deduct a further three months for your remorse which I accept is sincere.

[12] You are therefore convicted and sentenced to three years and nine months’ imprisonment. Given your conviction for aggravated robbery you are now subject to the three strikes law. I am now going to give you a warning of the consequences of another serious violence conviction. You will also be given a written notice outlining these consequences which lists the serious violent offences.

(a) If you are convicted of any serious violent offences other than murder committed after this warning, and if a Judge imposes a sentence of imprisonment then you will serve that sentence without parole or early release.

(b) If you are convicted of murder committed after this warning then you must be sentenced to life imprisonment. That will be served without parole unless it would be manifestly unjust in that event the Judge will sentence you to a minimum term of imprisonment.

[13] Mr Pulu, I hope this sentencing has the effect of a sharp shock to you. You are the point in your life where you have to decide which way you are going to go. If you continue to offend then you are going to be the victim of your own offending because you will just continue to go to prison. If you continue to go to prison you are going to be a loser in life. You are still young enough to serve this sentence and come out and get on and live a useful life. You have the ability to do that. The choice is yours. You can come out of prison and live a useful life, and a happy life, or you can come out of prison and re-offend and keep going back to prison, but you and your family are going to pay for that. I hope I do not see you back here.

N R Dawson

District Court Judge