R v Vehivehitau [2023] NZDC 14371 (7 July 2023)

Last Updated: 21 October 2024

IN THE DISTRICT COURT AT MANUKAU I TE KŌTI-Ā-ROHE KI MANUKAU

CRI-2023-092-002411 CRI-2022-092-001705

[2023] NZDC 14371

THE KING

v

SIOI OTULANGAKALI VEHIVEHITAU

Hearing:	7 July 2023
Appearances:	S Gill for the Crown H Croucher for the Defendant
Judgment:	7 July 2023

NOTES OF JUDGE Y YELAVICH ON SENTENCING

[1] Mr Vehivehitau, you are for sentence today having pleaded guilty to an aggravated burglary charge and three charges of burglary.

[2] The burglary charges that you have pleaded guilty to relate to a burglary at Cash Converters, Ōtara on 10 February 2022, DollarDealers, Mangere on 11 February 2022 and Michael Hill Jewellers in Papakura on 12 February 2022. You have also pleaded guilty to an aggravated burglary committed on 17 March of this year and that was at a private residence in Ōtāhuhu.

[3] In sentencing you today I have regard to the need to hold you accountable, the need to promote a sense of responsibility for the harm caused, the need to denounce

R v SIOI OTULANGAKALI VEHIVEHITAU [2023] NZDC 14371 [7 July 2023]

and deter your offending and the need to protect the community. I must also assist in your rehabilitation and reintegration.

[4] The lead charge that I am sentencing you for today is that of aggravated burglary. The offending took place at night just before 10 pm. You went to an address in Ōtāhuhu with your associate. The victim, who did not know you, was at home with two young children. After answering some knocks at the front door, the female victim spoke to you and your associate at the door. You and your associate asked to use a cellphone and asked questions about who was at home and about the car parked in the driveway. I consider that this conversation indicates that you must have anticipated that someone would be home. The victim tried to close the door but you and your associate forced your way in. She handed over the keys to the car, she was scared, and you also produced a knife and pointed it at her.

[5] The aggravating factors of the offending are the forced entry into a private home at night, the moderate degree of pre-meditation, the fact that there were two of you, the use of a knife to threaten violence and the fact that a car was stolen.

[6] As I indicated in May of this year when I gave a sentence indication, I adopt a starting point of four years eight months’ imprisonment, that is 56 months’ imprisonment for the aggravated burglary charge.

[7] The three burglary charges are serious in and of themselves. There was a high degree of planning and pre-meditation including the use of disguises, bringing hammers to the premises, and targeting jewellers where there would be the potential for customers to be present and high value items to be stolen. There was damage to glass display cabinets at each location and I consider the incidents would have been highly distressing and frightening for the employees who were present. I have read various victim impact statements that have been provided in relation to the offending. They refer to the emotional harm and distress that you and your co-offenders put the victims through.

[8] As I indicated when I gave my sentence indication, I consider that, on a standalone basis, each burglary would easily justify close to a starting point of three

and a half years’ imprisonment. They involved burglaries of items valued at a very high level, including the Papakura burglary of the Michael Hill Jewellers on 12 February 2022 where items valued around $30,000 were stolen.

[9] As I indicated earlier this year, I apply an uplift of two years’ imprisonment for the burglary charges meaning an overall starting point of six years eight months’ imprisonment or 80 months’ imprisonment.

[10] You have a history for violent offending but do not have any convictions for serious property offences other than in the Youth Court in 2014. I do not apply an uplift for previous convictions. I will uplift, however, by three months because the aggravated burglary was committed while you were on EM bail. That brings the overall sentence to one of six years 11 months’ imprisonment or 83 months’ imprisonment.

[11] I turn now to discounts. You are entitled to a 25 per cent discount for your guilty plea. Your lawyer has submitted that a total discount of 60 per cent should be applied, 25 per cent for a guilty plea and a total of 35 per cent for cultural report factors and addiction.

[12] I have received a pre-sentence report and cultural report. While your cultural report refers to you being remorseful and having a genuine intention to rehabilitate yourself, that is contrary to what is set out in the pre-sentence report. That report states that you totally minimised and attempted to justify your offending and that you displayed a total lack of remorse or concern for your victims. The report writer noted that the only topic of conversation with you revolved around getting a favourable cultural report and having your sentence reduced. While discussing your active charges you were totally dismissive, repeatedly talking about your sentence being reduced. The report writer questioned you about an earlier pre-sentence report from February 2020 when you had stated you had a good upbringing, although your father used to be an alcoholic, and you denied making those comments when she asked you about that, stating you had a terrible childhood. Given your comments to the pre- sentence report writer, I decline to give you a discount for remorse although I hasten to add that your lawyer was not asking for such a discount today.

[13] I have carefully read your cultural report. I note that your mother was consulted in relation to that report and I have today received a letter from your family. I am mindful that a significant proportion of the report is self-reported, although your mother did provide some input.

[14] You have, I accept, had a dysfunctional background which may have causatively contributed to your offending. I also take into account your drug addiction issues which also contributed to the offending. Given the attitude you displayed towards the pre-sentence report writer, I am mindful of not placing significant weight on all aspects of the cultural report, but I am willing to give you a discount for your background factors. I will apply a discount of 10 per cent for background factors.

[15] Applying a discount of 35 per cent reduces your sentence to four years six months’ imprisonment. You were on EM bail from 26 April 2022 to 17 March 2023, therefore just under a year, although your tracker shut down twice - on 17 July and 24 December 2022. A three month discount will be applied which reduces your final sentence to one of four years three months’ imprisonment. That sentence will apply to each of the charges.

Judge YV Yelavich

District Court Judge | Kaiwhakawā o te Kōti ā-Rohe

Date of authentication | Rā motuhēhēnga: 13/07/2023