Police v Tahapeehi [2016] NZDC 17256 (6 September 2016)

Last Updated: 31 January 2017

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT HAMILTON

CRI-2016-019-001789 [2016] NZDC 17256

NEW ZEALAND POLICE

Prosecutor

v

KAYDN WHAREPOURI TAHAPEEHI

_Defendant

Hearing:	6 September 2016
Appearances:	Sergeant M Wickham for the Prosecutor R M McLeod for the Defendant
Judgment:	6 September 2016

_{NOTES OF JUDGE K B F SAUNDERS ON SENTENCING}

[1] Mr Tahapeehi, you are for sentence today on 12 charges. They relate to offending on two distinct dates, 26 September 2015 and 25 March 2015.

[2] Turning first to the offending on 26 September 2015, that is a charge of possession of an offensive weapon, three hunting knives; possession of methamphetamine; unlawful possession of a firearm, a sawn off rifle, and unlawful possession of ammunition.

[3] The offending came to light when the car that you were travelling in was stopped by the police in Great South Road in Ngaruawahia just before 10.00 pm on

26 September. You were a passenger in the vehicle. The police saw that you had a knife pouch attached to the belt line of your shorts. You said you were a hunter and

_{you showed the police three large hunting knives that were in the footwell area of the}

NEW ZEALAND POLICE v KAYDN WHAREPOURI TAHAPEEHI [2016] NZDC 17256 [6 September 2016]

front passenger seat. You were asked what was in a Nike bag that was hanging around your neck and as a result of that you ran away across Great South Road. The police chased you and eventually caught you in a nearby reserve. The Nike bag had a sawn off .22 rifle that was approximately 260 mm in length. A further search located a rifle magazine with seven rounds of ammunition and in the breast pocket of a jacket you were wearing police located a point bag with approximately 0.4 grams of methamphetamine. You said to the police that you had the pistol and ammunition for your younger brother’s safety.

[4] As to the offending on 25 March 2016, that occurred while you were on bail for the September offending. Again, there are two charges of unlawful possession of firearms, a charge of unlawful possession of ammunition, a second charge of possession of methamphetamine, possession of cannabis, two charges of possession of utensils, a bong for smoking cannabis and a pipe for methamphetamine offending and significantly, a charge of possession of cannabis for supply. As to that offending, the police went to the address where you were in a sleepout on 25 March. By your feet they found some cannabis with a homemade plastic smoking bong. The sleepout was searched; 2.9 grams of loose cannabis and a plastic bong were seized. A snap lock bag containing 11 tinnies and a clip bag containing cannabis buds were found. These weighed 15.6 grams. A text message was found on your cellphone detailing a transaction of cannabis, showing the possession of cannabis for supply. A further amount of 31 cannabis seeds were located in a plastic container. Three clip bags were found containing methamphetamine. A glass smoking pipe was also located. Firearms, along with ammunition, as set out in the summary of facts, were found.

[5] So over a six month period Mr Tahapeehi, you face three charges of unlawful possession of firearms, a sawn off .22 rifle, a shotgun, a 223 calibre rifle, together with possession of three hunting knives. You have two charges of unlawful possession of ammunition, two charges of possession of the Class A controlled drug methamphetamine, two of possession of utensils, one of possession of cannabis and one of possession of cannabis for supply. As the sergeant has submitted today, the presence of drugs and firearms is a cocktail for disaster.

[6] Mrs McLeod on your behalf has said all that can be said for you. She does not step away from the fact that these are serious charges, but refers to them as being committed during the chaos of addiction. Your mother is present in Court. She supports you and I am told supports a sentence of home detention at her address. Realistically, Mrs McLeod understands that a sentence of imprisonment is the only sentence available to this Court given the number of charges and severity of the offending.

[7] I have read your letter of remorse and I understand you are attending AA and you have completed the short rehabilitation programme. I accept you are genuinely motivated to rehabilitate. It is a long road, Mr Tahapeehi, and only you can make the changes that you need to.

[8] The police do not accept that the cannabis was for personal use and say that there was a commercial end to it. Although your counsel submitted that the cash that was located was not all yours, the photograph shows it was all bundled together and that, together with the way that the cannabis was located in the tinnies, persuades me that there was a commercial element to this offending. In terms of the category of Terewi this would fall within category 2, attracting a starting point sentence of

between and two and four years’ imprisonment.1

[9] As I have said, Mr Tahapeehi, the aggravating factor here is the possession of the firearms with the drug offending. In terms of mitigating factors, I do take into account an early guilty plea and give you a 25 percent discount for that. You do not have any relevant previous history, but I do note a conviction for aggravated robbery in 2009, for which you were sentenced to home detention. I do not accept this is youthful indiscretion in terms of the authorities that your counsel has put forward. You are 24 years of age now Mr Tahapeehi and make adult choices.

[10] In terms of sentencing you today I must hold you accountable and deter you. In terms of Terewi the paramount consideration is the deterrence of others. In

_{sentencing you I must have regard to the least restrictive sentence.}

1 R v Terewi [1999] NZCA 92; [1999] 3 NZLR 62 (CA)

[11] Having regard to all of the factors that have been put forward on your behalf Mr Tahapeehi, I indicate now that the sentence I come to is just over the two year mark, which means that there is no room for leave for home detention.

[12] On the charge of possession of cannabis for supply, that is CR ending 2639, you are convicted and sentenced to imprisonment for two years and six weeks. The standard release conditions and the special release conditions apply for six months after the sentence expires. I also make an order for destruction.

[13] I will now tell you how I get to that end sentence. I take that charge as the lead charge. There was an element of commerciality to your offending, although it was small scale and accordingly, I take as the starting point on that a sentence of two years’ imprisonment. I give an uplift for the unlawful possession of the firearm and ammunition of six months. That gets me to two years and six months.

[14] On the possession of methamphetamine, two months each, which brings me to a starting point of imprisonment for 34 months, or two years and 10 months.

[15] The possession of the offensive weapon, the hunting knives, and the possession of the cannabis and utensils, I indicate a concurrent sentence of two months’ imprisonment.

[16] Factoring in a 25 percent discount for a guilty plea, that gets me to the two years and six weeks end sentence. Some may think that in itself is a relatively lenient sentence considering the totality of your offending. I have considered totality and whether that would warrant a further reduction, but I do not consider that a further reduction is warranted.

[17] On the possession of a firearm, CR ending 2632, you are sentenced to imprisonment for six months concurrent, and the order for destruction.

[18] Similarly, on CR ending 2633, imprisonment for six months and an order for destruction.

[19] The possession of explosives, CR ending 2634, also carries with it a concurrent sentence of six months’ imprisonment and an order for destruction.

[20] The possession of methamphetamine, CR ending 2635, imprisonment for two months concurrent. Possession of cannabis is also imprisonment for two months concurrent.

[21] The two charges of possession of the utensils, CRs ending 2637 and 2638, two months concurrent, and orders for destruction.

[22] That deals with the March offending. As to the September offending, the unlawful possession of the three hunting knives, that is imprisonment for three months concurrent, and an order for destruction.

[23] Possession of the methamphetamine, imprisonment for two months. All of these are concurrent.

[24] Unlawful possession of the pistol, CR ending 7966, six months concurrent and an order for destruction.

[25] Similarly, on CR ending 7967, which is the possession of ammunition, six months’ imprisonment and an order for destruction.

[26] That I think covers all matters.

K B F Saunders

District Court Judge