Police v Parata [2017] NZDC 10926 (25 May 2017)

Last Updated: 19 September 2017

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT MANUKAU

CRI-2016-092-013101 [2017] NZDC 10926

NEW ZEALAND POLICE

Prosecutor

v

DANIEL PARATA

_Defendant

Hearing:	25 May 2017
Appearances:	A Alcock for the Police V Letele for the Defendant
Judgment:	25 May 2017

_{NOTES OF JUDGE J BERGSENG ON SENTENCING}

[1] Daniel Parata, you appear today for sentence on a large number of charges beginning 16 November 2016 and running through to February of 2017. In addition you are to be re-sentenced on charges that you received a sentence of 18 months’ intensive supervision back on 30 June 2016.

[2] You are 19 years of age but despite your age there are a large number of charges for sentence, as I have already indicated.

[3] The charges include unlawfully taking a motor vehicle (there are three of those), unlawfully getting into a motor vehicle (by two), a charge of receiving of a motor vehicle, possession of instruments for conversion, attempting to take a bike, taking a document, two of just driving while disqualified, one of dangerous driving,

_{one of failing to stop, two of shoplifting.}

NEW ZEALAND POLICE v DANIEL PARATA [2017] NZDC 10926 [25 May 2017]

[4] The review charges are unlawfully taking a motor vehicle, disqualified driving, failing to stop, breach of bail (two of those), Summary Offences Act 1981 assault (two of those), interfering with a motor vehicle (two of those) and possession of instruments for conversion.

[5] When you were sentenced to intensive supervision last year you were very much given a chance. My understanding is that you effectively did none of that sentence.

[6] Despite your age the only option, recognised by your counsel, is a term of imprisonment. The question today is how long that term should be.

[7] I am not going to go through the summaries of fact. They are not in dispute but the description of the charges gives a fairly clear idea that you have a history of taking motor vehicles as you find them, breaking into them, going out looking for them and then driving, either when disqualified or dangerously.

[8] The police have filed submissions. They do not do that with every case. It is the bad or the worst cases that the police file submissions in and unfortunately that is where you have got to. The police submissions note that there is a high level of premeditation or planning on your part. You are prepared to wander around with the necessary tools to convert motor vehicles.

[9] Police also highlight the extent of the loss, over $19,500 worth of motor vehicles. By reference to cases the police submission is that a starting point for all charges should be in the range of three to three and a half years’ imprisonment, that there should be a uplift of six months for your previous and that you would be entitled to some modest reduction for your pleas of guilty.

[10] Looking at those numbers, they are big numbers for someone who is 19 years of age.

[11] Regarding the submissions filed by Ms Letele on your behalf today she acknowledges that prison is the only option. There is no place for you to undertake a community-based sentence. She acknowledges that you were given an opportunity

on bail and that within seven days of being released you were again back committing the same type of offences.

[12] She asks me to take into account your youth and refers me to the Court of Appeal decision of Churchward v R,1 and submits that the sentence imposed today should not be one which leaves you with no hope for the future. I have been provided with your letter of apology and your plan in terms of how you will address the driving factors behind your offending. You are said to have been addicted to methamphetamine for a number of years now, first beginning when you were 14.

You have indicated that you have the support of your brother still in the community.

[13] The provision of advice report is relatively brief. You have a poor history of compliance with community-based sentences. Intensive supervision and supervision are seen as being unsuitable for you. Your attitude towards sentences is described as one of complacency and ignorance. There is a high probability that any community- based sentence you will not comply with. It is for a combination of those reasons that the report writer recommends a term of imprisonment.

[14] Again, that is somewhat surprising given your age, Mr Parata, but your behaviour has left the report writer with the clear view that you have run out of options.

[15] In sentencing today I need to hold you accountable for your offending and denounce and deter you from offending like this in the future. I also need to consider the gravity of the offending, the effect of your offending on the victims but I must impose the least restrictive outcome that is appropriate in the circumstances.

[16] The starting point I adopt is less than what the police have submitted. When I consider the cases that they have referred to, they are for more experienced criminals than yourself. However, the starting point still has to reflect the seriousness of your offending. Unlawfully taking a motor vehicle carries a maximum term of imprisonment of seven years. Adopting the starting point by reference to the three charges of unlawfully taking together with receiving, each of which has a seven year

_{maximum, I start at two years’ imprisonment.}

1 Churchward v R [2011] NZCA 531, (2011) 25 CRNZ 446

[17] I then uplift that by six months for the totality of the offending, two months for offending on bail and two months for your previous convictions. That gets me to

34 months.

[18] I do reduce your sentence for your youth. However, it is limited because of the sheer volume of the number of offences that you have committed and your history, so I reduce it by just a bit more than 10 percent or four months. That takes me down to 30 months. You are given credit for your guilty pleas. I calculate that at

20 percent or six months. That gets me to 24 months.

[19] I then need to re-sentence you on the matters for which you got intensive supervision. On those matters on their own I would have adopted a starting point of

10 months, giving you credit for youth and your guilty plea. They could have sustained a sentence of six months’ imprisonment on their own. However, I need to consider the overall totality of the end sentence and therefore the re-sentencing charge will result in an additional two months as an uplift to the two year point so that gets me to an end sentence of two years and two months’ imprisonment.

[20] That means that you will be eligible for parole after you have completed half of your sentence. The Parole Board will be able to impose appropriate conditions on your release.

[21] You are disqualified on the dangerous driving and disqualified charges for a period of six months from today. On the failing to stop charge there will be a three month disqualification, which will be cumulative on the current disqualification, so that will commence 25 November 2017.

[22] Mr Parata, with the history that you have accumulated over a relatively short period of time, if you continue to offend in the way that you have in the relatively recent past you are not giving yourself much of a chance in terms of life. Hopefully when you are released you will take into account that you are going to be released on

conditions and not immediately re-offend. The conditions of release will be designed to assist you so that you do not immediately start re-offending, because if you do immediately re-offend, you know that the options available to the Court are limited.

J Bergseng

District Court Judge