R v Tioro [2017] NZDC 11719 (31 May 2017)

Last Updated: 18 October 2017

EDITORIAL NOTE: SOME NAMES AND/OR DETAILS IN THIS JUDGMENT HAVE BEEN ANONYMISED.

IN THE DISTRICT COURT AT NEW PLYMOUTH

CRI-2016-043-001369

THREE STRIKES WARNING [2017] NZDC 11719

THE QUEEN

v

_{KERRYN PATRICK TIORO}

Hearing:	31 May 2017
Appearances:	J Bourke for the Crown P Keegan for the Defendant
Judgment:	31 May 2017

_{NOTES OF JUDGE C D SYGROVE ON SENTENCING}

[1] Mr Tioro, I gave you a sentencing indication on 8 March of six years and

three months’ imprisonment.

[2] I have received some very informative information from various sources from Mr Keegan which sets out that you have been an extremely good and hardworking family loving man. For 15 years you worked for [Company deleted] Associates. You were sent to work overseas in places like Kazakhstan, Poland, Singapore, Taiwan and America with specialised work in the oil refinery area.

[3] For you to have incurred such a spectacular fall from grace is surprising but when I read [name deleted] letter to me I understand when I read that you started

_{using synthetic cannabis and over time your use has increased quite considerably and}

R v KERRYN PATRICK TIORO [2017] NZDC 11719 [31 May 2017]

she became progressively concerned for your wellbeing and at times the erratic behaviour you are displaying. It says that further you were using it on an almost daily basis, having seizures due to your use of this drug.

[4] That drug people seem to think is simply, like cannabis, it is not particularly serious. The Court sees before it often people who use the synthetic cannabis as being a scourge almost as bad as methamphetamine. It certainly turns normal law abiding citizens into desperate criminals who will do anything to get a fix.

[5] You have the support of your family and your partner who will stand by you. You have letters of support from friends and it is a crying shame that you are before the Court today but your offending Mr Tioro, was extremely serious as you know and I do not need to go through the details of it. You fired a gun at a victim who was hit by it and severely injured.

[6] I also take into account your fines which relate to, as Mr Keegan says, regulatory offences. I do not intend to reduce the sentence but I will not increase it for the $5000 worth of fines. I will simply impose a penalty of six months’ imprisonment concurrent and all your fines are remitted. I had intended adding to your sentence but given this additional information I have received today from your friends, family and professionals that assist you, I do not intend to increase the sentence.

[7] Accordingly on the charge of wounding with intent to cause grievous bodily harm to [the victim], again I note that his mother has written in support of you, you are sentenced to six years’ three months’ imprisonment. On the charge of driving while disqualified you are convicted and ordered to be disqualified for twelve months from today. I make an order for the destruction of the seized weapon and ammunition and as I say you are sentenced concurrently to six months’ imprisonment for the $5000 worth of fines which are remitted.

[8] I will now give you your first strike warning. You have now been convicted for your first three strikes offence. Should you be convicted of a second such offence, you would be required to serve the full sentence imposed by the Court

without the prospect of parole. If you are convicted of a third such offence you would be sentenced to the maximum penalty for that offence and again you would not be able to get parole. There are also special rules around the crime of murder which are explained in the written material you will receive shortly. Included in that written material is a full list of the offences that qualify as three strikes offences. That now completes matters, Mr Tioro.

C D Sygrove

District Court Judge