R v Sua [2012] NZHC 3513 (17 December 2012)

Last Updated: 3 February 2013

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CRI 2010-082-518 [2012] NZHC 3513

THE QUEEN

v

_{SOVITE SUA}

Hearing: 17 December 2012

Counsel: J E Rielly for Crown

E R Fairbrother for Accused

Sentence: 17 December 2012

_{SENTENCE OF RONALD YOUNG J}

[1] Mr Sua you are for sentence on a count of participating in an organised criminal group contrary to s 98A of the Crimes Act 1908. I do not intend to go through the facts in detail, what I intend to do is refer to the sentencing remarks of Justice MacKenzie of 15 February 2012 and they should be attached to my remarks. Justice MacKenzie was the trial Judge for you and five other accused who were all convicted of that charge. The background and circumstances under which that occurred are set out in his sentencing remarks.

[2] As it happened an appeal was filed with regard to the convictions. As a result of a Court of Appeal hearing, the convictions were set aside and you and the other co-accused were due to be retried. You have now decided to plead guilty and I

_{sentence you on that basis.}

R V SOVITE SUA HC NAP CRI 2010-082-518 [17 December 2012]

[3] I note at para [44] of Justice MacKenzie’s sentencing decision, he identified as the trial Judge the circumstances that brought you together with the others in this gang confrontation. It is proper to say that you were at the lowest end of the involvement of those that day.

[4] You have now served ten months imprisonment and together with the Christmas prison allowance effectively one year in prison, equivalent to a sentence of between two to three years’ imprisonment taking account of parole eligibility.

[5] The Crown have had the opportunity of making submissions as has your counsel today as to how this matter should now be dealt with. There are a range of factors that are relevant in sentencing which the Crown accept. Firstly, and very importantly, it seems clear that you have given up your gang involvement. That is a major step to you becoming offending free in the future and I compliment your good judgment on that. Keep that up. I express the hope that I will not nor any Judge will see you again in this Court.

[6] Secondly, since your appeal was allowed you were granted bail and you have obtained employment. This is very much to your credit in the current economic circumstances.

[7] Thirdly, you have a long term relationship and children. You are pursing matters of importance to them with your partner as part of a family. I encourage your involvement in that.

[8] A serving sentence of 12 months’ imprisonment would be the equivalent to a sentence of imprisonment of somewhere between two and three years depending on the parole arrangements. And so you have already served a period that is close to the sentence you received from Justice MacKenzie.

[9] Taking account your guilty plea and the good efforts you have made since this conviction, it seems to me appropriate that I sentence you today reflecting those circumstances.

[10] This is a real chance for you Mr Sua and it is a chance that has been possible by the attitude of the Crown and by your counsel gathering together the relevant material. And it also involves me in giving you a chance. It is really up to you whether you are interested enough in your partner and your family to make that permanent.

[11] As I have said in the circumstances, you have already served the equivalent of a two to three year sentence of imprisonment which given your guilty plea and the other factors is all that could properly have been imposed. And so it is appropriate, therefore, that I simply now convict and discharge you on the basis of time served in prison. No doubt anyone who wants to find out what the true sentence was, will be able to read these sentencing remarks but in the circumstances there is no other way of achieving the end that I am aware of.

_{[12] Good luck Mr Sua, I hope it works out for you and your family.}

_{Ronald Young J}

Solicitors:

J E Rielly, Elvidge & Partners, Napier, email: [e-mail]

E R Fairbrother, Napier