R v Wiri aka Robson [2016] NZDC 15433 (12 August 2016)

Last Updated: 1 December 2016

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED}

IN THE DISTRICT COURT AT WHANGAREI

CRI-2015-088-002025 [2016] NZDC 15433

THE QUEEN

v

JOHN BUSTER JUNIOR WIRA (AKA) JOHN BUSTER JUNIOR ROBSON

Hearing:	12 August 2016
Appearances:	M Jarman-Taylor for the Crown S Thode for the Defendant
Judgment:	12 August 2016

_{NOTES OF JUDGE D G HARVEY ON SENTENCING}

[1] Mr Wira, you are for sentence today on one charge of injuring with intent to injure.

[2] The facts that I intend to sentence you on are that the victim in this matter was 18 years old. I understand that he was known to your co-offender but not to you on this particular night.

[3] During the afternoon of 23 July he and a number of his associates, including your co-offender, were socialising at a local address in Dargaville. Alcohol was being consumed and they visited a number of addresses in the Dargaville township. During the evening of 23 July they met you and at one point they visited your sister’s address. A cigarette lighter went missing from the address which caused an argument between the people present. You, your co-offender, the victim, and other

_{associates then drove to Bassett Street in Dargaville. This was the residential}

R v JOHN BUSTER JUNIOR WIRA (AKA) [2016] NZDC 15433 [12 August 2016]

address of the co-offender. Further alcohol was consumed and then at about 8.00 pm you accused this man of stealing a cigarette lighter that belonged to your sister. He stated that he had forgotten to return it and he immediately handed it to you. He then went to have a sleep in one of the rooms whereupon you and Mr Hikitangata approached him in the room. You began verbally hassling him, you all wanted to fight. He did not want to fight though you were both pushing him, you were verbally harassing him. The summary of facts tells me that this went on for about

10 minutes. You then said that you were going to smash him up and make his night hell. Mr Hikitangata slapped him twice in the face. The victim wanted to leave the room but you would not let him. The altercation then moved into the lounge where he sat down on a couch, was punched in the face once, while he was sat on the couch, not by you. He got up; he went into the bedroom where he sat on the floor. You followed him into the room, told him to extend his arms whereupon you then stubbed out a lit cigarette on each of his arms on the inside of his elbow. You then left the room whereupon he also came into the lounge. You then both told him to remove his clothing. Mr Hikitangata apparently wanted his clothes. At first he resisted but you were persistent. Not surprisingly, he was worried for his personal safety and so he did take his clothes off leaving him in his boxer shorts. Mr Hikitangata then got a pair of his own tracksuit pants and a t-shirt which you told him to put on. The victim then said he needed to use the toilet whereupon he went. He exited out of the window and he alerted a security officer who in turn alerted the police.

[4] The address was searched by the police. Your co-offender was spoken to. He said that he did have the victim’s clothing and he explained that the victim was intoxicated, was behaving in a stupid manner and that he had taken his clothing off himself.

[5] As a result of this incident, the victim received tenderness, redness and bruising to his face, cigarette burns to each of his forearms and not surprisingly he was traumatised.

[6] When you were spoken to you said that you were angry at him for stealing

your sister’s lighter and you admitted stubbing the cigarette into his arms.

[7] In preparing for sentencing I have had the advantage of reading the pre-sentence report. I have read the submissions filed by the Crown and your counsel. I am very familiar with the case law in this area and as Ms Jarman-Taylor has said there does not appear to be too much difference between the Crown and your counsel as to the appropriate starting point.

[8] In any sentencing process I have to have regard to the purposes and the principles of sentencing. You have to be held accountable for this offending and there is a need for me to make it very clear, not just to you, but to anybody minded to behave in this way that this type of random, thuggish violence is not acceptable. There is a need to try and deter both you and others from committing this type of offence and here, given your list of previous convictions, there is a need for me to have a mind to protect the community. I have to have regard to the gravity of the offence and this was serious offending. I have to be consistent, I have to treat you in the way that other people are treated for like offending because if I do not that is not fair on you and that is not fair on them. I have to have regard to the effect that your offending has had on the victim and in that regard I have seen the victim impact statement.

[9] There are a number of aggravating features to this offending. Of course there was actual violence and it was totally gratuitous violence. It was cruel. I have to have regard to the fact that there were two of you. In so far as your offending was concerned, going into that room, making him hold his arms out and stubbing out your cigarette on his arms, that showed pre-meditation. The injuries were not serious. However, they were serious enough to have caused scars which still remain. You used a weapon because in these circumstances a lit cigarette was a weapon and at the time that you did this there were two of you. There had been harassment of this man for some time. He had been assaulted by your co-offender and I have to take into account that by this stage, he must have been very frightened.

[10] I have had a look at your list of previous convictions and frankly Mr Wira they are really concerning. You have four previous convictions for male assaults female, four for breach of a protection order, two for assault on a child, two for injuring with intent to injure, two assault with a weapon, common assault, a

wounding with intent to injure and robbery. You are getting to the stage Mr Wira where the Crown and the Court are going to give very serious consideration to sentencing you to preventative detention. You need to understand that if you come back to this Court on another charge of serious violence it is likely that the Crown will ask for the sentencing to be removed to the High Court for the purposes of preventative detention being considered and if that happens you will be locked up and you could be there for many, many years.

[11] Now I note the courses that you have done whilst you have been in prison. I note the comments that you have made to me in your letter. I hope you mean it because as I say if you do not, then the chances of your spending the best of part of your life in prison are very high indeed. You see, the pre-sentence report tells me that you do not seem to understand just how serious your behaviour is. The report writer comments that this type of meaningless, alcohol and drug fuelled violence is normal for you, and there is justification in that when I look at your list of previous convictions. You know how you behave when you drink and yet you continue to do so. I am told that there is a high risk of further offending and a high risk of harm to others. That is why I now sound to you this very, very clear warning that a further offence of serious violence may have very serious consequences for you.

[12] I note what the Crown say to me about the starting point. I note what your counsel says to me about the starting point. But when I take into account all of the circumstances of this offending noting that this was very deliberate, very cruel violence, I am satisfied that with the aggravating features present, the appropriate starting point is two and a half years’ imprisonment. There must be an uplift for your previous convictions. I set that uplift at eight months. You must of course be given very full credit for your plea of guilty.

[13] Accordingly on the charge of injuring with intent to injure you are now convicted and you are sentenced to a term of imprisonment of two years and four months.

D G Harvey

District Court Judge