Police v Waenga [2016] NZDC 9225 (23 May 2016)

Last Updated: 1 September 2016

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT MANUKAU

CRI-2015-092-005268 [2016] NZDC 9225

NEW ZEALAND POLICE

Prosecutor

v

RAWIRI WAENGA

_Defendant

Hearing:	23 May 2016
Appearances:	Sergeant H Braden for the Prosecutor P Eastwood for the Defendant
Judgment:	23 May 2016

_{NOTES OF JUDGE J C MOSES ON SENTENCING}

[1] Mr Waenga, you are for sentence now on a number of matters. On

17 January this year you breached the conditions of home detention, the sentence that you were serving, in that you had cut off a bracelet and left the address. On

17 March 2015 you had entered into a Mobil petrol station and made two purchases using the victim’s ANZ Visa card. Later that same morning you had gone into a BP in Weymouth and made another purchase using that card. On 18 March 2015, the following day, you were located having been in two separate addresses without reasonable excuse for being there and were also located carrying a black sports bag with four screwdrivers, a pair of bolt cutters and two pairs of pliers.

[2] The most serious charge is that of burglary which occurred on 14 and

15 February this year when you and another had gone to business premises in

_{Manukau in the early hours of the morning. You had entered those premises; you}

NEW ZEALAND POLICE v RAWIRI WAENGA [2016] NZDC 9225 [23 May 2016]

have taken 10 sets of mag wheels and a 48 inch Panasonic TV. The value of those wheels is estimated at $20,000.

[3] What makes it more serious for you, Mr Waenga, is your previous convictions. You are aware of them. You have 12 previous for burglary along with other previous convictions.

[4] In terms of the Sentencing Act 2002 I need to impose a sentence which deters you and others, holds you accountable and denounces your behaviour. I take as the lead offence the burglary charge and for that charge I take as a starting point two years’ imprisonment. There is an uplift firstly, because of the other offences that you have committed and secondly, because of your previous convictions for burglary and I consider that an uplift of 15 months is appropriate which takes the overall starting point to 39 months’ imprisonment.

[5] I then reduce the starting point by nine months because of your guilty pleas and the steps that you have taken whilst you have been on remand (which I have read about). That leads to an end sentence of 30 months or two and a half years’ imprisonment.

[6] In terms of the actual charges, on the burglary charge you are today convicted and sentenced to two years’ imprisonment. In relation to the charge of using a document and breach of home detention you are convicted on those charges and sentenced to six months’ imprisonment. Those two charges are cumulative on the burglary. On the remaining charges; you are convicted and sentenced to three months’ imprisonment. They are concurrent so that the end sentence is two and a half years’ imprisonment. I am simply going to cancel the sentence for home detention; I am not going to substitute it with anything else. You have done the vast majority of that sentence

[7] I do want to end by saying, Mr Waenga, that I have read your pre-sentence report and I have also taken note of what you have done during your remand period. You will have an opportunity in the near future to be back in the community and back with your family. I take it from what I have read that is what you want to do;

you want to be with your family and you will be eligible for parole, as I understand, immediately. That is a matter for the Parole Board, not for me.

[8] I note for the record that I did not complete my sentencing comments because the defendant started to swear at me.

J C Moses

District Court Judge