R v Kite [2012] NZHC 775 (26 April 2012)

Last Updated: 8 May 2012

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI 2011-087-1698 [2012] NZHC 775

THE QUEEN

v

_{TUHIRA TOM KITE}

Hearing: 26 April 2012

Counsel: J J Rhodes for Crown

R O Gowing for Prisoner

Judgment: 26 April 2012

_{SENTENCING NOTES OF HEATH J}

Solicitors:

Crown Solicitor, Tauranga

Counsel:

_{R O Gowing, Whakatane}

R V KITE HC TAU CRI 2011-087-1698 [26 April 2012]

Introduction

[1] Tuhira Tom Kite, you have pleaded guilty to one charge of possessing cannabis for the purpose of supply, one of dangerous driving, one of failing to stop and one of failing to remain stopped when required by an enforcement officer to do so. Because of the nature of the cannabis charge, you were transferred to this Court for sentence.

[2] I will be sentencing you today on the cannabis charge. The remaining three charges need to be dealt with in the District Court. After I have finished, arrangements will be made for you to appear in the District Court in this building so that you do not need to make any further appearances in Whakatane in relation to this case.

Facts

[3] I will summarise the facts very briefly. On 18 July 2011, you and your partner were stopped by Police while driving in Whakatane. The police officer observed the vehicle go straight through a stop sign. When spoken to the officer noted a strong smell of cannabis on your breath.

[4] He was going to conduct a search of the car. You sped off. A Police pursuit followed. You reached speeds of over 88km/h in a 50km/h zone.

[5] After about nine kilometres, you were stopped and arrested. The car was searched and 660 grams of cannabis head was located in the vehicle as well as five cannabis tinnies.

[6] The summary of facts to which you have pleaded guilty indicates that the cannabis was well manicured and equated to a street value of something between

$19,000 and $27,000. You admitted that the cannabis was yours and in explanation said that times were tough and that some tinnies were sold to pay the bills.

[7] In saying that, Mr Kite, you acknowledged that you were selling cannabis in difficult circumstances to make ends meet. You have a lengthy history of offending going back to 1982. You are now 44 years old. To your credit you have finally realised that you are at a crossroads and you have taken steps to deal with that. I think that you realise that either you change your ways at this stage or you risk being in and out of Courts and prison for the rest of your life. I have no doubt that that realisation is a sincere one.

Analysis

[8] Given your prior criminal history, a sentence of imprisonment would otherwise have been inevitable. However, I accept, as has been put to you by other Judges on earlier occasions, that a sentence less than imprisonment is required to give effect to the efforts of rehabilitation that you have undertaken.

[9] You have completed a residential course at Te Whare Oranga Ngakau and it now appears that you have insight into your offending and, more importantly, understand the nature of the additions that you have had and the ways in which you can combat them.

[10] The very positive report I have read from that Residential Alcohol and Drug Services organisation bodes well for a crime-free future. More so, it suggests that you have the ability and willingness to help younger people who are confronted with similar situations to that in which you found yourself. There are obvious public benefits in you having the ability to carry through your wish to help them.

[11] In those circumstances, I accept that you deserve a chance to put what you have learnt into practice. You, more than anyone, realise the consequences if you fail to do so. Any relapse that leads to offending will necessarily need to be treated seriously by the Courts.

[12] The last piece of the sentencing jigsaw is now available. An address has been found at which you could serve either home detention or community detention. On previous occasions, the appropriate sentence has been seen to be home detention.

Mr Gowing, on your behalf this morning, has put to me that a less restrictive option, such as community detention, may work better. Mr Rhodes, for the Crown, suggests that the nature of the offending requires home detention to be imposed.

[13] Mr Gowing’s submissions are based on the fact that terms of home detention may be too strict to allow regular attendances both at programmes and in other activities that are designed to prevent relapse. In particular, he has referred to the aqua-exercising that you are currently undertaking and the desirability of engaging in those schemes in order to avoid past associates.

[14] Ordinarily, home detention would be the sentence to be imposed. However, I have been persuaded that community detention is more appropriate. It is the least restrictive outcome necessary. The extraordinary efforts you have made to seek rehabilitation require me to give you a chance to do it properly and I consider given your circumstances that can be balanced adequately against the need for a sentence to reflect society’s denunciation of your conduct and to deter others.

Result

[15] Mr Kite, on the charge of possessing cannabis for the purpose of supply, you are sentenced to community detention for six months. You will reside at 25

Riverside Drive, Whakatane, for the duration of the sentence. The curfew hours will be 6pm until 6am daily. The date of the first curfew will start from 6pm tonight. You must report to the Whakatane Community Probation Service office at 165

Commerce Street, Whakatane immediately after you have been sentenced and travel back to Whakatane. ,In addition, I sentence you to serve 200 hours community work.

[16] Mr Kite, it is not often that I see a positive story such as your ’s. It is really encouraging to see you take steps to better yourself at this time of life. I wish you well for the future.

_{[17] Stand down.}

P R Heath J