Police v Cooper [2020] NZDC 6922 (24 April 2020)

Last Updated: 27 July 2020

IN THE DISTRICT COURT AT HUTT VALLEY I TE KŌTI-Ā-ROHE KI TE AWAKAIRANGI

CRI-2020-096-001272

[2020] NZDC 6922

NEW ZEALAND POLICE

Prosecutor v

ERUERA TE RONGOHIRA COOPER Defendant

Hearing:	24 April 2020
Appearances:	Sergeant J Miller for the Prosecutor J A Dean for the Defendant (via telephone)
Judgment:	24 April 2020

NOTES OF JUDGE J M KELLY ON SENTENCING

[1] Mr Cooper, you appear for sentencing having pleaded guilty to two charges of failing to comply with the COVID-19 Level 4 lockdown requirements.

[2] I sentence having regard to the following facts.

[3] On 25 March 2020, a state of national emergency was declared by the New Zealand Government in response to the global COVID-19 virus pandemic. Alert Level 4 has been put in place and there has been extensive publicity around what this means.

NEW ZEALAND POLICE v ERUERA TE RONGOHIRA COOPER [2020] NZDC 6922 [24 April 2020]

[4] Pursuant to s 71A Health Act 1956, the New Zealand Police are legally authorised to assist a medical officer of health to ensure compliance with the Ministry of Health directives. The police have adopted and engage, communicate, educate and encourage approach to ensure compliance with enforcement only being pursued when absolutely necessary.

[5] You have been warned by police for breaches of the Department of Health Guidelines as follows.

• (a) On 2 April 2020 at 6.15 pm, you were educated by police for being in a vehicle with associates you were not residing with and undertaking unnecessary travel;
  
• (b) On 5 April 2020 at 12.35 pm, you were again spoken to by police after being found undertaking unnecessary travel in a vehicle with an associate you did not reside with;
  
• (c) On 11 April 2020 at 3.46 pm, you were arrested and summonsed by police for breaching Level 4 restrictions for again associating with people you do not reside with and undertaking unnecessary travel;
  
• (d) On 12 April 2020 at 5.30 pm, you were again arrested and summonsed by police for breaching Level 4 restrictions. Again, you were associating with people you do not reside with and undertaking unnecessary travel;
  
• (e) On 20 April 2020 at 2.30 pm, you were again arrested and held in custody for breaching Level 4 restrictions. Again, you were associating with people you did not reside with and undertaking unnecessary travel.
  

[6] You appeared in Court on 21 April 2020. You were released on bail with a bail condition to abide by Level 3 and 4 Covid directions. You were released on bail to appear on 26 May 2020.

[7] At about 11.34 am on 23 April 2020, you were stopped as a passenger in a vehicle in Wainuiomata. Again, you were in the company of two other people that you do not reside with and you were some 9.2 kilometres from your bail address in Petone.

[8] You have today entered guilty pleas to both charges.

[9] As I have indicated to you, I am of the view that a short sentence of imprisonment is necessary to denounce your offending and to deter you and others from offending in the same way.

[10] The aggravating factors personal to you is that at the time of this offending, you were on bail with a condition to abide by level 4 covid directions and were subject to release conditions. Your probation officer is in Court and she says your reporting on your release conditions has been sporadic.

[11] You are given credit for your entry of guilty pleas and as I have indicated, I will impose the shortest available sentence.

[12] Taking all those matters into account on each charge, you are convicted and sentenced to imprisonment for 14 days. There are no standard or special release conditions. Both sentences are concurrent.

Judge J M Kelly

District Court Judge

Date of authentication: 01/05/2020

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