Police v Roa [2016] NZDC 15535 (15 August 2016)

Last Updated: 26 November 2016

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT TAURANGA

CRI-2016-070-002499 [2016] NZDC 15535

NEW ZEALAND POLICE

Prosecutor

v

JADE ROA

_Defendant

Hearing:	15 August 2016
Appearances:	Sergeant D Dickison for the Prosecutor J Owers for the Defendant
Judgment:	15 August 2016

_{NOTES OF JUDGE L M BIDOIS ON SENTENCING}

[1] Mr Roa, you are for sentence having pleaded guilty to five burglaries, use of a document and assault with intent to injure. I just briefly focus on the burglary charges. They related to you targeting vulnerable elderly people where you would go to their address, you would ask to use the phone. Whilst they were distracted and getting the phone, you would try and steal property, in particular wallets with credit cards. On one occasion it was the key to the door, although you surrendered that once it was identified that it had been taken.

[2] The losses that were actually sustained at the end of the day were not great. The assault with intent to injure relates to an incident in the car with your partner. You have pulled her hoodie around her neck and then you punched her in the face,

_{that caused bruising.}

NEW ZEALAND POLICE v JADE ROA [2016] NZDC 15535 [15 August 2016]

[3] A pre-sentence report has been prepared. That tells me you are 28 years of age. You are described as having extensive history of offending. You have previously attended rehabilitative interventions. You were using cannabis and methamphetamine on a daily basis. You have little way of social support in the community. You have written some letters expressing remorse to victims. The recommendation was one of imprisonment.

[4] Relevant sentencing principles and purposes I have to have regard to include holding you accountable for your offending and promoting a sense of responsibility in you. There is a need for deterrence and denunciation when dealing with offenders who rip off others. I have to have regard to the effects your offending has had on the victims but also have regard to your own personal circumstances.

[5] In relation to this matter, your counsel accepts that a sentence of imprisonment is to be imposed. In written submissions, he advocates that on the burglaries, the starting point would be around 30 months with an uplift for the assault and previous. The police have also filed written submissions. They ask for a final start point of around four years.

[6] In relation to these matters, your counsel also reflects the fact that you are

28 years of age. There was the difficult upbringing that you had because of the death of your parents when you were young and the fact that there has been a lack of support. Your counsel tells me that the victim of the assault continues to support you and he submits that the final sentence of imprisonment can be commuted to one of home detention, although there are some difficulties around suitability. He says that that would provide you with sufficient support, motivation to address issues in the future and that the Court can have some confidence that you will comply.

[7] The aggravating features that I see are the number of charges that you are on, there is the range of offending in that there is dishonesty and violence. There is the effect that your offending has had on the victims. I have a victim impact statement from one of the victims who was 86 at the time. They have had to upgrade their security system, fix the chain to the door and they always have reservations about answering the door now when someone comes to their property and I can imagine

without much difficulty that the other victims would have had the same feelings of apprehension and anxiety when confronted by someone, even if for innocent purposes. There are previous convictions and there is the premeditation relating to your offending.

[8] The mitigating factors are your plea of guilty, acceptance of responsibility, co-operation. You have written letters of remorse or apology. There is a number of those that have been attached to your lawyers submissions. You of course were willing to go to restorative justice but victims did not elect to take up that offer.

[9] I have to assess the overall seriousness of your offending. This is serious offending. Your counsel accepts that a sentence of imprisonment is to be imposed. This was premeditated. You used the same modus operandi pretty much each time you went to these targeted addresses of elderly people. You are described as being a high risk reoffender.

[10] You have previous convictions for burglary but I do note your last one was

10 years ago, which is a significant gap. There has of course been subsequent offending in particular dishonesty and breaches of Court orders.

[11] I take a global approach to the burglaries and the use of a document. I fix a starting point at two and a half years for that. On totality, I uplift for six months to reflect the assault with intent to injure. That is a final starting point of three years’ imprisonment. I give you a one-third discount for the mitigating factors that I have described, bringing the final sentence down to two years.

[12] The issue is then whether I give you home detention. There are some issues around the proposed address in the report. My view however is focus on the fact that you are described as a high risk offender. You were using methamphetamine on a daily basis. Until you get on top of that issue, you will continue to pose a risk to the community.

[13] Accordingly given deterrence and my assessment of risk in terms of methamphetamine use and the nature of these charges, a sentence of home detention is inappropriate.

[14] In relation to all these matters, on all the burglaries, you are sentenced for two years. Leave for substitution of sentence is refused. There are six months standard and special release conditions for six months, as per the probation report, as follows:

(a) If meets criteria, to undertake a pre-programme interview and complete any Departmental programme, subject to availability, to the satisfaction of the Probation Officer and programme facilitator.

(b) To attend and complete an assessment, and appropriate drug and alcohol programme to the satisfaction of the probation officer and programme provider. Details of the appropriate programme to be determined by the probation officer.

(c) To attend and complete such counselling/programme/treatment to address identified offending behaviour as may be directed by the probation officer and to the satisfaction of the probation officer and programme provider.

[15] You are not in a position to pay reparation. On the assault with intent, there will be a concurrent sentence of 12 months. On using a document, 12 months.

[16] The problem you have Mr Roa, is if you commit another burglary in the future, you can expect sentences of at least two years and so you need to address your issues while you are in jail and try and get as many rehabilitative programmes that are made available to you, in particular the alcohol and drug programme.

L M Bidois

District Court Judge