R v O'Leary [2016] NZDC 9210 (20 May 2016)

Last Updated: 16 November 2016

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT WHANGAREI

CRI-2015-088-001830

CRI-2016-088-000074 [2016] NZDC 9210

THE QUEEN

NEW ZEALAND POLICE

v

_{RANGI MICHAEL JOSEPH O'LEARY}

Hearing:	20 May 2016
Appearances:	J Wall for the Crown Sergeant P Rankin for the Prosecutor New Zealand Police J Day for the Defendant
Judgment:	20 May 2016

_{NOTES OF JUDGE K B de RIDDER ON SENTENCING}

[1] Mr O’Leary, you appear for sentence on several charges arising from three separate incidents. Firstly, the threaten to kill and threatening to injure on 17 May last year, the charge of killing a cow with intention to steal it on 7 January this year. Then charges of driving whilst disqualified, dangerous driving, failing to stop, failing to remain stopped, assaulting a police officer and resisting a police officer are all from 8 January as I have said.

[2] As far as the facts are concerned on 17 May last year you were driving past the Poroti Tavern and saw the two victims. You turned around and went back, threatened to kill one of them and threatened the other. As far as the offending on January this year is concerned, firstly on 7 January you were at home and you took a

_{steer that belonged to a neighbour which had been grazing in paddocks owned by}

R v RANGI MICHAEL JOSEPH O'LEARY [2016] NZDC 9210 [20 May 2016]

your family trust. You removed it out of sight and butchered it. You had no permission from the owner of that steer to take it.

[3] The next day you were driving on Mangakahia Road, you were signalled to stop by police officers, you failed to do so and drove along Mangakahia Road towards Maungatapere at speeds in excess of 160 kilometres when it was raining and the road was wet. You lost control of your vehicle when you attempted to turn right into Tatton Road, you spun out doing two complete 360 degree turns. When you regained control you continued at slow speed down Tatton Road where you were finally stopped by the police. At which point you attempted to run away but you were caught up by the police at which point you attempted to assault them and struggled with them when they went to arrest you. It seems the only reason you stopped on Tatton Road was because you encountered some difficulty with your motor vehicle engine.

[4] There are victim impact statements on file, the content of those is brief but hardly surprising. The owner of that cow was devastated and disgusted by your behaviour. The people who were at the Poroti Tavern were understandably seriously concerned for their safety, especially as they knew who you were and that you lived in the local vicinity. I have read the letter of remorse that you have written and as I have already commented, I accept that that comes from you, not from someone with whom you have engaged within the prison to write some letter on your behalf; I accept that it is your genuine expression of remorse. Hopefully you now have some insight into what your behaviour is doing, not only to you but of course to your whānau and in particular your mother.

[5] The probation report I have also read. As you are aware that recommends a sentence of imprisonment. Not surprisingly it notes your 31 previous driving convictions and your nine convictions for violence. The report writer despite the recommendation however, would support a sentence of home detention which I concur with, but regrettably there is no address available.

[6] As far as the purposes and principles of sentencing are concerned, the foremost is denunciation and deterrence of your continued offending. In respect of the charges of threatening to kill and threatening behaviour, they amounted to you taking the law into your own hands. As far as the driving charges are concerned, the paramount concern is to protect the public. You have what can only be described as an appalling driving record and I note in that regard that of recent times you have appeared in Court in 2011 on similar scenarios; multiple offending, driving dangerously or driving whilst disqualified and failing to stop and the like. Two of those in fact in 2011.

[7] The lead charge in my view is the charge of threatening to kill. This occurred in a public place where the victims were minding their own business. You went past that tavern, saw them, turned around quite deliberately and then threatened them. So there was an element of premeditation and your threats were clearly taken seriously. The least restrictive starting point in my view on that sentence would be one of six months’ imprisonment.

[8] Turning them to the killing the cow with the intention of stealing it, I again note this was quite deliberately callous behaviour on your part and note your previous convictions for dishonesty offending as well. In my view, an appropriate start point on that would be one of nine months’ imprisonment; that would have to be cumulative on the charge of threatening to kill.

[9] As far as the driving charges are concerned, this was highly dangerous behaviour on your part placing the public at significant risk. You have nine previous convictions for driving whilst disqualified also, and yet here you are again driving highly dangerously when you are not supposed to be driving at all. I note your four previous convictions for dangerous or reckless driving as well, albeit some of them some time ago.

[10] In my view, the least restrictive sentence on the charge of driving whilst disqualified and taking into account the dangerous driving as well would be one year and three months’ imprisonment on top of the nine months I have just imposed. The cumulative effect of those sentences will take you to an end sentence of 30 months’

imprisonment. You have entered guilty pleas and although they were not at the earliest opportunity, in my view something in the vicinity of 15 to 20 percent would be appropriate which would be a reduction of some six months. That would then take you down to an end sentence of two years’ imprisonment and to achieve that I would reduce the charge of killing the cow with the intention of stealing it of nine months to six months and I will take three months off the driving whilst disqualified charge from one year three months down to one year.

[11] The net effect of all of that for you Mr O’Leary is that on the charge of threatening to kill you are convicted and sentenced to imprisonment for six months. On the threatening to injure charge you are convicted and sentenced to imprisonment for one month to be served at the same time. On the charge of killing the cow with intent to steal it you are convicted and sentenced to imprisonment for six months, cumulative on the six months I have just imposed on the threatening to kill charge.

[12] Finally, on the driving whilst disqualified charge you are convicted and sentenced to one year’s imprisonment, cumulative on the six months on the killing of the cow charge. On the charge of dangerous driving you are convicted and sentenced to two months imprisonment to be served at the same time as the one year. On the failing to stop and failing to remain stopped, likewise you are convicted and sentenced to imprisonment for two months at the same time as the one year. On the assault of the police officer you are convicted and sentenced to imprisonment for three months. On the resisting the police officer, convicted and sentenced to imprisonment for one month, all to be served at the same time as the one year.

[13] In respect of the charge of driving whilst disqualified you are also disqualified again for the period of one year from 20 January next year. On the charge of dangerous driving, similarly you are convicted and disqualified from holding or obtaining a driver’s licence for one year, again from 20 January. On the charge of failing to stop, having regard to your previous convictions you are also disqualified from holding or obtaining a driver’s licence for one year commencing on 20 January 2018.

[14] The net effect of all of that for you Mr O’Leary is that you have a total sentence of two years’ imprisonment to serve. I have granted you leave to apply to substitute that with home detention. I have also imposed release conditions for six months past sentence expiry date in accordance with the conditions as set out in the probation report.

K B de Ridder

District Court Judge