R v Eramiha [2013] NZHC 601 (26 March 2013)

Last Updated: 24 April 2013

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2012-92-1339 [2013] NZHC 601

THE QUEEN

v

NIKERA ERAMIHA

Appearances: E J McCaughan for the Crown

K Leys for the Prisoner

Sentence: 26 March 2013

_{SENTENCING NOTES OF PRIESTLEY J}

Counsel:

E J McCaughan, Crown Solicitor, Auckland. [e-mail]

K Leys, Barrister, Manukau City. [e-mail]

R V ERAMIHA HC AK CRI-2012-92-1339 [26 March 2013]

[1] Nekira Eramiha, you appear for sentence today on one charge of unlawfully getting into a motor vehicle. This is potentially quite a serious charge because it carries a maximum of two years imprisonment. But I am not going to send you to prison or impose a custodial sentence on you.

[2] You know the basis of your offending, which goes back to December 2011. You were a passenger in a car along with other people, including Tamati Nathan and Joseph Falls, who were people you did not know well but about whom you had some knowledge. This car was involved in what appears to be an aggravated robbery. Initially you faced much more serious charges but because the Crown was not able to find sufficient evidence against you, those more serious charges against you were withdrawn.

[3] I am conscious of the fact you are 18 years old. You have not appeared before the courts before. You now have a one month old son and you clearly, because she is in court today, have support from your mother and also your grandparents.

[4] I consider the best way of dealing with you, you having been convicted of unlawfully getting into a motor vehicle, is to make a direction that you can be called upon to come up to be sentenced within the next six months from today.

[5] So that is the sentence I am imposing upon you, an order that you come up for sentence if called upon in the next six months.

[6] That is the end of the matter from your point of view.

..........................................
Priestley J