R v Daniels [2017] NZDC 17018 (1 August 2017)

Last Updated: 9 March 2018

EDITORIAL NOTE: CHANGES MADE TO THIS JUDGMENT APPEAR IN [SQUARE BRACKETS].

IN THE DISTRICT COURT AT MANUKAU

CRI-2016-054-003064

[2017] NZDC 17018

THE QUEEN

v

WIREMU HIPPOIRIONA DANIELS

Hearing:	1 August 2017
Appearances:	A Devathasan for the Crown S Winters for the Defendant
Judgment:	1 August 2017

NOTES OF JUDGE J C MOSES ON SENTENCING

[1] Mr Daniels, as you will recall you came before me for a sentence indication, that was back in March this year and I gave an indication of an end point sentence of four and a half years which was accepted by you. The matter has been put off until today and I have a pre-sentence report and I have heard briefly from Mr Winters today and I will make some reference to some of the things he has said in my sentencing notes.

[2] Whilst I have given you that indication I have to and will go through in brief form the facts on which I gave the sentence indication and indicate the discounts that I did give and then make some general comments. As you are probably aware my role as the Judge today is to impose a sentence which takes into account a number of things that are set out in our Sentencing Act 2002. I must hold you accountable. What that

R v WIREMU HIPPOIRIONA DANIELS [2017] NZDC 17018 [1 August 2017]

means is that as you stand there I am sure you do realise Mr Daniels there are consequences for anything that you do.

[3] I have also got to impose a sentence that puts you off and others off from this kind of behaviour and makes a public statement saying this sort of behaviour is not going to be accepted.

[4] The summary covers a large number of charges all arising over really a two day period. There are charges of unlawfully using motor vehicles on 1 July last year, a Mazda vehicle was stolen from the Whangarei Hospital car park. At the same time a Mazda Familia vehicle was stolen from the same car park and a short time later a Mazda Demio vehicle was stolen from an address in Whangarei. Those three vehicles were later used for stealing petrol at [the victim petrol station] and two of them were also used in an aggravated robbery of a liquor store.

[5] You and a number of other defendants and young persons had gone to a [victim petrol station] in Whangarei in those vehicles at around 10 past four on 1 July. You had put in $20 of petrol in to each of the three stolen vehicles and they left without any attempt to pay for the petrol.

[6] You and a number of others then went to a liquor store in Forest Hill, six of the young persons or defendants approached one of the workers and that worker was threatened with a hammer. Someone swung the hammer at the victim, he fell over and a number of your co-defendants removed alcohol and cash of around $100. Some of the bottles of alcohol were thrown at the victim. All of you then drove off.

[7] Later in the evening of 1 July, another Mazda motor vehicle was stolen from an address in Epsom. That vehicle was used to commit a burglary in Pukekohe on Saturday 2 July 2016.

[8] In addition on 2 July between 4.30 and 6.15 pm, two vehicles were stolen from [the victim auction house] and later that same evening another vehicle, a Subaru was stolen from Auckland City and those three vehicles were used in an aggravated robbery of a service station in Takanini in the early hours of 3 July.

[9] The burglary was of a surf shop in Pukekohe. A number of young persons and yourself had driven a motor vehicle through the main entrance doors that resulted in extensive damage to the store frontage. A large amount of clothing and accessories was placed in the vehicle and then everyone left.

[10] Shortly after midnight on 3 July you and others had gone to a service station in Takanini in three stolen motor vehicles. The service station was open but the main entrance doors were locked. There were 13 offenders observed on CCTV. Some have gained entry through the main locked doors by forcing the doors open also using a rock to smash the doors open. An employee was threatened with a rock and told not to move, while others stole two cash registers and a large amount of cigarettes valued at over $9000.

[11] That, in essence, is the summary of the facts on which I was asked to give an indication. I had indicated that here there were a number of aggravating features including, so far as the lead offences which I take as the aggravated robbery charges, there were two aggravated robberies, they had some planning, there were a number of persons involved in the robberies, there were some disguises used, there were weapons used, a good deal of property was taken.

[12] The Crown submitted and there was no real issue that the starting point for the aggravated robberies was that of six years’ imprisonment. For the remaining charges and in particular the burglary which involved a good deal of loss to the victims, in my view an uplift of 10 months’ imprisonment was appropriate. That took an overall starting point to 82 months and then I indicated a small uplift of three months for your previous convictions which involved some burglaries and other unlawful taking of motor vehicles.

[13] From that overall starting point of 85 months’ imprisonment, I had indicated and I confirm today that you are entitled to a discount of some 15 percent on account of your youth; you were 21 years of age at the time. That reduced the overall starting point to 72 months’ imprisonment and from that a 25 percent reduction on account of your guilty plea which reduced the overall sentence down to that of 54 months or four years and six months’ imprisonment.

[14] How I intend to deal with it Mr Daniels, is that in relation to the two aggravated robbery charges, they are charge 6 and charge 12, you are convicted today and sentenced to four years and six months’ imprisonment.

[15] In relation to charge 4, which is theft of $60, you are simply convicted and discharged and in relation to the remaining charges that you face you are convicted and sentenced to 10 months’ imprisonment which is concurrent that means at the same time as the four years six months.

[16] So that the end point is four years and six months.

[17] You will have heard the discussion I had with your lawyer regarding what I see as some quite positive things that are contained in the pre-sentence report. It does appear as though you have been quite open and honest in your dealings with the probation officer, can I say.

[18] Whilst it is a relatively brief report, can I say, I see a lot of positive things here. You are clearly a young man who, in my view has considerable ability. You have got sporting ability and you have plans for the future. That is not something I always see. You actually want to do something with your life. That is something which should be encouraged.

[19] You are going to have to deal with what you have done in the past and you are aware of that, but by no means does it mean that there is no light at the end of the tunnel, there is. You have got plans, you want to do some courses and programmes which will set you up to lead a lifestyle which will not have you coming to and fro from Court.

[20] It seems to me from what I can read Mr Daniels, that you are realising already it is a waste of your life spending it in prison. You have got a lot more positive things that you can do with your life than sit in prison and I am pleased that that is not what you want to do for the rest of your life.

[21] As the probation officer notes, in the right setting and environment, it is possible for you to make a positive lifestyle change. So they see the good points in your character and the fact that you are a young man who has every opportunity if you want to, to put this behind you.

[22] I have no doubt that the Parole Board when they deal with you will take into account what programmes that you do whilst you remain in prison. I am pleased that you have done a programme while you are there and I note the comments from Mr Winters that you would like to have done more, but your remand status made it difficult for you to engage in some of the other programmes. You are still going to have time and opportunity to do that and it is good that you want to use your time wisely.

[23] You have family support I note, up north. Well your mother is in Palmerston North, but I understand you are Ngāpuhi based up around Kaikohe and Kaitaia and you also have a supportive aunt as I understand it.

[24] I am sure that those people who you love are going to be with you when you are released and they are going to support you when you are released. So as I say use the time well, but for the moment, for the reasons I have indicated, it is an end sentence of four years and six months.

J C Moses

District Court Judge