Police v Chin [2016] NZDC 14874 (29 July 2016)

Last Updated: 4 April 2017

EDITORIAL NOTE: PERSONAL/COMMERCIAL DETAILS ONLY HAVE BEEN DELETED.

IN THE DISTRICT COURT AT CHRISTCHURCH

CRI-2016-059-000174 [2016] NZDC 14874

NEW ZEALAND POLICE

Prosecutor

v

PATRICK KITMAN CHIN

_Defendant

Hearing:	29 July 2016
Appearances:	Sergeant G Wilson for the Prosecutor S Litt for the Defendant
Judgment:	29 July 2016

_{NOTES OF JUDGE A A COUCH ON SENTENCING}

[1] You appear today for sentence on nine charges.

[2] The first arises out of events on 12 October last year. You went to Ballantynes shop in Christchurch. You tried on several pairs of expensive jeans in a fitting room. You concealed one pair of those jeans and left the shop without paying. That led to a charge of theft of jeans valued at $310.

[3] On 21 October, you walked off the street into the private area of motels in Christchurch. You located a master key for the motel rooms and took it. You also located keys for coin operated washing machines used by guests. You unlocked all the machines and stole cash of approximately $200. That gave rise to the charge of

_burglary.

NEW ZEALAND POLICE v PATRICK KITMAN CHIN [2016] NZDC 14874 [29 July 2016]

[4] On 14 November, you were driving a car on Waterloo Road in Christchurch, near Riccarton Racecourse. You were required to stop by a police vehicle using its red and blue flashing lights. You initially did stop but as the police approached you on foot you took off again. Police chased you again with red and blue lights and a siren but you did not stop. You drove through roads where a large number of race- goers were leaving Riccarton Racecourse. This included driving on a foot path in the direction of pedestrians. That led to the charges of dangerous driving and failing to stop.

[5] You then went to Queenstown where on 28 December, you went into a backpackers’ hostel. Again you went into the area provided for guests to do laundry. You stole nearly $1200 from coin operated laundry machines. That led to a further charge of theft over $1000. Later that day you went to a pharmacy in Queenstown. You selected a bottle of perfume valued at $168. You removed the label and concealed it in a bag which you had strapped around your waist. You then left without paying for it. That led to a further charge of theft. In the evening of that day you went to another backpackers’ hostel, again to the guests’ laundry area. You were not a guest. You were found there by the proprietors and the police were called. That led to a charge of you being unlawfully in a building.

[6] While these matters were before the Court you failed to appear when required on 29 September and 14 October last year. That has led to charges of failure to answer police bail and failure to answer District Court bail.

[7] You have an extensive criminal history. In particular, you have an extensive history of offences of dishonesty. I count 42 convictions for dishonesty including

12 prior previous convictions for burglary and others for receiving.

[8] The lead charge here is the burglary, carrying as it does a maximum penalty of 10 years’ imprisonment but the theft from the laundry in Queenstown was also a serious property offence carrying a maximum penalty of seven years’ imprisonment.

[9] The gravity of your offending strikes me as serious. There is a pattern of targeting coin operated laundry machines to steal cash from them. That is what you

actually did in two cases and it is a reasonable inference that it is what you were contemplating on the third occasion when you were apprehended. In the case of the Christchurch motel you caused considerable consequential loss and inconvenience to the victim as you had taken a master key to the rooms and all of the locks had to be changed.

[10] Other thefts also involved what I would describe as a degree of cunning, Taking three pairs of jeans to try on and only returning two. Having a bag on your person in Queenstown in which to conceal the perfume.

[11] For the totality of your conduct I take a starting point of two years and six months’ imprisonment.

[12] In terms of aggravating factors, all of these offences were committed on bail. They were all committed while you were subject to sentence on other matters. There is then your criminal history that I have referred to before. For those matters I apply an uplift of nine months. That would lead me to a sentence of three years and three months’ imprisonment.

[13] Turning to mitigation, you entered guilty pleas but they were greatly delayed. That delay was reasonable in respect of the two charges which were amended but not in respect of the others. You must have known of your guilt from an early stage but chose to delay admission of it. On account of those pleas I would reduce the sentence by six months which is a little over 15 percent. It leads me to an end sentence of two years and nine months’ imprisonment.

[14] That is the sentence imposed on the burglary and the charge of theft of money over $1000. On all other charges except the failing to stop, you will be sentenced to imprisonment for one month.

[15] On the dangerous driving charge you will be disqualified from holding or obtaining a driver licence for six months from today. In relation to that charge there will also be a notice under s 129B Sentencing Act 2002 to the owner of the Rover vehicle [registration number deleted].

[16] On the charge of failing to stop, you will be disqualified from holding or obtaining a driver licence for three months from 29 January 2017.

[17] There will also be orders for reparation as per the schedules which have been provided. That is $310 in respect of the theft of jeans, $266.24 in respect of the burglary and $1170.20 in respect of the theft of cash from the backpackers in Queenstown.

A A Couch

District Court Judge