R v Department of Corrections [2017] NZDC 23696 (18 October 2017)

Last Updated: 21 June 2018

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

IN THE DISTRICT COURT AT MANUKAU

CRI-2017-057-000874 [2017] NZDC 23696

THE QUEEN DEPARTMENT OF CORRECTIONS

v

_{DALLAS TAAKA}

Hearing:	18 October 2017
Appearances:	C Piho for the Crown A Sharma for the Prosecutor Department of Corrections S Mandeno for the Defendant
Judgment:	18 October 2017

_{NOTES OF JUDGE C J McGUIRE ON SENTENCING}

[1] Mr Taaka, you appear for sentence today on a number of matters. The lead charge is one of aggravated robbery which occurred on 3 September last year. You also appear for sentence on two burglaries that occurred on 20 August and

29 December last year (which I think was the day after your birthday); a shoplifting charge where you stole things from [the victim retailer]; three breaches of a community work sentence; two breaches of bail; and two breaches of an intensive supervision sentence.

[2] You are 20 years of old now. This offending occurred from November 2015 onwards. That was when you were subject to a sentence of community work and intensive supervision. You received that sentence in November 2015 for an earlier

_{burglary, a theft charge and common assault. Back then you were 18.}

THE QUEEN DEPARTMENT OF CORRECTIONS v DALLAS TAAKA [2017] NZDC 23696 [18 October

2017]

[3] What the Judge tried to do then was to steer you back on the right path. That is why you had the two sentences of intensive supervision for a year and community work. The reasons for those two sentences were that under intensive supervision you could have the right guidance, counselling, courses, and treatment to deal with any challenges or, should I say, the challenges that you were facing at the time. What I have come to read in that regard is the bad influences of people that you associated with leading you into trouble, and your use of alcohol and drugs, including methamphetamine and cannabis.

[4] As I have already indicated, when your counsel was speaking, you sabotaged that sentence simply by not going there; simply by not engaging, not doing what you were supposed to do. So, how could that sentence of community work and supervision possibly succeed when you simply did not go there? You preferred at the time the company of these associates of yours who led you down another path to nowhere. Of course, because you did not engage in either sentence you went on to do the crimes that have brought you to Court today.

[5] Taking them in date order the serious matters (that is, the burglaries and the aggravated robbery) on 20 August you were at the safe house of [the victim Trust] in Takanini. You pushed open the window to the office, reached through the window, and unlocked the sliding door. You then entered the office. You removed a mobile phone from a desk valued at $450. You also removed packets of meat from the office freezer valued at $250. You used two recycle bins and packed the meat into them. You left the premises with the mobile phone, meat packs and recycle bin.

[6] In explanation, you said you were intoxicated and could not remember why you took the items. But you attempted to sell them the next day. Given what I have read about drugs and alcohol, I think the problem is you were wanting to get more drugs and so you did that burglary.

[7] Then, on 3 September, you were with an associate (who has not been identified.) You entered [the victim liquor store] on [number deleted] Paerata Road, armed with a large screwdriver, while your associate remained outside as the lookout. The main victim was working inside the store behind the counter. There were also three other employees unloading a truck outside the store. Immediately after walking

in, you jumped over the counter and confronted the victim with the screwdriver. You asked him, “Where’s the money” and you jabbed him in the upper body with the screwdriver. He opened the till and you removed an unknown amount of cash. During this time, an employee of the store confronted your associate outside the store and chased him away. After you removed the cash from the till, you asked the victim, “Where’s the cigarettes?” He told you the cigarettes were underneath the counter and you uplifted several packets of cigarettes. You then jumped over the counter again and attempted to run away. You were met by three other employees outside the store. There was a struggle between you and them.

[8] During the struggle, you dropped a number of items of clothing and most of the cigarettes you had taken, and ran away. You were located because you dropped a baseball cap in the struggle and your DNA was found on it. The victim was wearing thick clothing at the time and was not injured by being stabbed with the screwdriver. You admitted robbing the store. In explanation, you said you thought you had used a wooden stick as a weapon and only got away with two packets of cigarettes and about

$200. What I take from that is, apart from what I read, is that drugs were probably involved in that as well, possibly methamphetamine.

[9] Thirdly, on 29 December, you and an associate entered a property on Helvetia Road through the garage. You took two mountain bikes, a child–sized bike and a head lamp. This was at 2.10 am in the middle of the night. You removed the bikes and stored them at an address in Almond Place. You returned to the address and entered the house through an insecure window. The victims were asleep at the time. Fortunately, their two small children were away with relatives that night. You took a Samsung tablet valued at $700, a white laptop valued at $2000, and a cellphone. Also, an iPhone, a brown handbag containing $50 cash, cards and personal items, a black wallet containing several cards, a set of keys that had the vehicle and house keys on

it.

[10] The victim woke up when he heard his drawers being opened on his bedside table. He chased you and your associate out of his home.

[11] During the scene examination, your fingerprints were located on a box inside the address. Your comment was you had taken the laptop and left on one of the bikes when you were shouted at by the victim.

[12] Mr Taaka, the victim’s wife has compiled a victim impact statement which I have in front of me. I have read this, as I have read the letters from your family members. What she says is this:

For me personally I was shaking with fear and anxiety for days. I couldn’t sleep for days. I suffer from depression and anxiety illnesses anyway and before this home invasion I was doing really well. This has been a huge emotional and physical setback for me. In the days after I couldn’t help but replay the scenario in my head over and over, making me physically ill. I was so scared my husband would get hurt by these mongrels. I didn’t want to be in my own home anymore but I was too scared to leave in case we were burgled again. I stayed up at night watching out the windows. Any noise would send me into anxiety attacks again. If my husband raised his voice at all, even just laughing loudly, I would shake and fear it was happening again. I didn’t want my children to sleep in their own beds, in their own bedrooms. I feared we would be broken into again and I wanted them close to me. I cried at the slightest upset in my personal life. Anything could set me off for a panic attack.

I have had numerous days off work with anxiety–related issues since that night to try and gain some peace of mind again. I have had to increase my medication. Before this happened, I was reducing my dosage. I’m not comfortable being at home at all. I definitely can't stay at home alone at night. I’m scared of the dark like a young child. I can't go outside at night when it gets dark. I close all the curtains and I can't look out for fear of seeing someone coming to break in. This home invasion has really been a nightmare. I wouldn’t wish it on anyone. It has taken months to replace the items and to secure our home enough with new locks so I feel a sense of safety.

[13] Mr Taaka, that is what you and your co–offender have done to an innocent woman. When you burgle a home, you are dealing with flesh and blood – real people. How would you feel if that happened where your baby daughter was?

[14] The victim of the robbery said:

I couldn’t sleep or eat as I was shaken up and stressed for a few days. At the time, I was so scared the male might stab me in the neck and I could be dead or seriously injured.

[15] Real people, Mr Taaka. Real flesh and blood!

[16] As I said in my earlier comments, I do not think I have ever received such intelligent, focussed, good letters from members of your whānau. They talk about your intelligence, making stupid decisions, and getting into drugs and alcohol. Also, there is frustration in these letters because they talk about the good things you have done too. You are working in construction, that you really enjoyed doing it and how you have succumbed to temptation. You, yourself write intelligently. Your writing is very neat and what you write is insightful. In your writing, you understand what you have done and what you need to do about it.

[17] But, Mr Taaka, from where I am sitting right now, that is talking the talk. You have got to walk the walk and that is way harder, way harder. Words are cheap.

[18] As I mentioned before, part of my frustration is that in 2015 you were doing so well. You had the world at your feet. You could have gone on to do anything you wanted to. So great was your success at the LSV course. That makes me sad, frustrated and angry that you had it all there on a plate in front of you and you thought, “Nah I’ll go with my scumbag mates instead.” And where has that got you? Jail. All those good people at the Probation Service in Pukekohe who worked with you, or tried to work with you, over a year – all their efforts are wasted as well.

[19] Your letter tells me that whilst in prison you are making the best of what you can. I commend you for that. You are making use of what is available in prison by way of courses and you are keeping in touch with your whānau. That is good because that will help you when you get out.

[20] Mr Taaka, I cannot wave a magic wand today and make all this go away. You have done the crimes; you have to do the time. Both counsel, in very realistic submissions, have talked about this case of R v Mako.1 That was a case in our Court of Appeal in the year 2000. It is the second highest Court in the land and it has set the benchmark for what I should do in cases of this kind.

[21] Your counsel has done a sterling job in drawing my attention to where there is a possibility to go slightly outside what Mako’s case requires that I do. She refers to a

case of R v Gotty,2 which was a robbery of a woman in a dairy where the offender presented a screwdriver. There were a number of offenders and they tried a second robbery that day. But the emergency alarm meant that that did not occur.

[22] I guess the difference, or the distinction, I draw is that there was no actual violence used in that case; a mere threat. So, I am driven to conclude that the starting- point, as indicated by Mr Piho, of four and a half to five years’ imprisonment is the starting-point that I must adopt. I adopt the lower starting-point of four and a half years’ imprisonment.

[23] I am bound to raise that starting-point on account of your other offending that was committed on bail and your previous offending which includes the burglary. The uplift for previous offending will be 12 months’ imprisonment and a further three months for the offences committed whilst on bail.

[24] That gives us a starting-point today of five years and nine months’

imprisonment. You are entitled to a full discount for your early guilty plea of

25 percent and there is to be a further discount for your youth and your remorse. That will mean that there is a discount on the starting-point of five years and nine months’ imprisonment of approximately 40 percent. That will take us back to an end sentence today of three years and four months’ imprisonment.

[25] Your fines of $882.57 are remitted.

[26] I see no practical purpose in awarding reparation today.

[27] The discrete and concurrent sentences for the burglaries are two years’

imprisonment.

[28] For the breaches of community work, for the breaches of bail, for the shoplifting and for the breaches of intensive supervision, the concurrent sentences are one month’s imprisonment.

[29] The total end sentence today, Mr Taaka, is three years and four months’

imprisonment.

[30] The community work sentence will be cancelled.

C J McGuire

District Court Judge