R v Sameer [2017] NZDC 24264 (26 October 2017)

Last Updated: 22 May 2018

IN THE DISTRICT COURT AT MANUKAU

CRI-2017-092-004922 THREE STRIKES WARNING

[2017] NZDC 24264

THE QUEEN

v

MOHAMMED SAMEER

Hearing:	26 October 2017
Appearances:	K Hogan for the Crown K Hamblin for the Defendant
Judgment:	26 October 2017

NOTES OF JUDGE G A ANDRÉE WILTENS ON SENTENCING

[1] Mr Sameer, I gave you a sentence indication in August taking into account all of the offending, which was both Crown based and police based, and there are a number of very serious matters that needed to be dealt with, which culminated in an end sentence, taking into account your youth, your lack of previous convictions and your pleas, and the conclusion was that I would end at a sentence of three and a half years of imprisonment.

[2] Since then there have been some changes. A psychological report has been prepared - it does not, unfortunately, reveal any further factors that need to be taken into account in terms of possibly reducing your sentence.

R v MOHAMMED SAMEER [2017] NZDC 24264 [26 October 2017]

[3] A pre-sentence report has also been prepared and as counsel have submitted, it is relatively positive and it confirms what we all suspected, that most of this offending was based on your need to purchase methamphetamine and then once having purchased it and consumed it, being unable to control your acts.

[4] The last thing that I can take into account today is the steps that you have taken in an attempt towards rehabilitation, and I have a number of certificates that have been provided to me and explanations offered by both your mother and your present partner it seems, as to changes within you - which, hopefully, indicate that there will be rehabilitation in the future.

[5] I am prepared to take those additional matters into account and end at a sentence of three years two months’ imprisonment.

[6] I need to impose that for the two aggravated robbery charges, for the burglary charge and the demanding with intent to steal charges.

[7] I am imposing one month imprisonment for the possession of instruments for conversion and the reckless driving.

[8] And I am convicting you and discharging you for the failing to stop, and preparing to commit a crime, both of those are fineable only.

[9] I am disqualifying you from holding or obtaining a driving licence for a period of 12 months, six months for the reckless driving plus a further six months for the failing to stop, which was laid in the aggravated form.

[10] Last but not least, I need to warn you of the consequences of a further conviction for a serious violence offence because you are subject to the three strikes law in relation to the two aggravated robberies. So, there are two warnings and later today you will be given a written document which sets out, not only the two warnings, but also what are serious violent offences so you can see what you are not permitted to do, according to the law.

[11] First of all, if you are convicted of any serious violent offences other than murder committed after this warning and if a Judge imposes a sentence of imprisonment, you will serve that sentence without parole or early release.

[12] Secondly, if you are convicted of murder committed after this warning, then you must be sentenced to life imprisonment, that will be served without parole unless it would be manifestly unjust. In that event the Judge must sentence you to a minimum term of imprisonment.

[13] So, all the prison terms are concurrent, which means that you need to serve a sentence of three years two months’ imprisonment in total.

Judge GA Andrée Wiltens

District Court Judge

Date of authentication: 04/11/2017

In an electronic form, authenticated pursuant to Rule 2.2(2)(b) Criminal Procedure Rules 2012.