R v Epere [2014] NZHC 117 (11 February 2014)

Last Updated: 25 September 2014

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2012-055-002640 [2014] NZHC 117

THE QUEEN

v

_{HINEMOA EPERE}

Hearing:	11 February 2014
Counsel:	G Kayes for the Crown N A Speir for the Prisoner
Judgment:	11 February 2014

_{SENTENCING NOTES OF GILBERT J}

Solicitors: Crown Solicitors, Auckland

Rice Craig, Papakura

R v HINEMOA EPERE [2014] NZHC 117 [11 February 2014]

Introduction

[1] Hinemoa Epere, you appear for sentence today having pleaded guilty to two charges of burglary. The maximum penalty for each of these offences is 10 years’ imprisonment.

Facts

[2] Shortly after midnight on 28 October 2012, you went with your mother to the victim’s mother’s house, looking for the victim, who was your mother’s former flatmate. You and your mother forced your way into the house, yelling and swearing and demanding to know where she was. Upon being told that she was not at the address, you left with your mother and an unknown male associate. Windows to the property and several vehicles parked outside were smashed before you and the others drove away from the address.

[3] You then drove to the address where your mother had flatted with the victim. You arrived there at approximately 12.30 am and began to kick at the front door with your mother yelling for the victim to come out saying she wanted to “smash” her. You and your co-offenders, your mother and your brother, forced your way through the glass front door and entered the house. You then made your way through the house looking for the victim who had sought refuge in the boarder’s bedroom. You forced your way through the bedroom door with your brother using a baseball bat to smash a hole in it.

[4] You admitted entering the house but denied causing any damage. You say that you left the house when matters got out of control and did not participate in the attack.

Victim impact

[5] Apart from the injuries the victim sustained, she says that she has been unable to sleep through the night and does not feel safe in her own home as a result of what occurred that night.

Approach to sentencing

[6] I am required to take into account the purposes and principles of sentencing set out in the Sentencing Act 2002. I must hold you accountable for what you have done and promote in you a sense of responsibility for that. The sentence must be sufficient to denounce your conduct and deter you and others from similar offending. I am also required to impose the least restrictive sentence that is appropriate in the circumstances.

[7] There is no tariff case for sentencing for burglary offending because the range of circumstances is so varied that it is difficult to give general guidance. I consider that your offending involved the following aggravating features. It involved forced entry into two private homes late at night while the occupants were known to be present. In one case there were two persons involved in the forced entry and in the other, three.

[8] There are no mitigating features to your offending.

[9] I consider, having regard to the authorities that both counsel have cited, that the appropriate starting point in your case is a term of imprisonment of three years.

Personal factors

[10] As the pre-sentence report discloses, you had a difficult upbringing. Your mother led you into this offending and I take into account that you were only

20 years of age at the time of the offending. You have no relevant previous convictions which is to your credit. I also take into account that you have accepted responsibility for what you did and have expressed a willingness to seek help with your alcohol abuse. I sincerely hope that you take steps to address that because it is clearly a serious problem for you. I consider that a 20 per cent discount should be applied to reflect these personal mitigating factors.

Guilty plea

[11] Although you did not plead guilty until the morning of your trial, it was not until then that the Crown indicated that it would not pursue the more serious charge

of causing grievous bodily harm with intent to do so. The Crown acknowledges that you are entitled to a 20 per cent discount for your guilty plea having regard to the fact that you actively negotiated with the police from an early stage and also assisted with the investigation as soon as the police became involved. In these circumstances, I accept that a 20 per cent discount for your guilty plea is appropriate. This would result in an end sentence of 23 months’ imprisonment.

Home detention

[12] Given that your final sentence will be less than two years’ imprisonment, I am required to consider the possibility of home detention. I consider that such a sentence would be appropriate in your case having regard to your lesser involvement in the offending, your comparative youth and the fact that you have a four year old daughter who needs your support. I also take into account your lack of previous convictions and the desirability of keeping you out of prison if possible.

[13] Unfortunately, no suitable address has been suggested where you could serve a sentence of home detention. In these circumstances, I have no choice but to sentence you to imprisonment. However you may apply for home detention if a suitable address becomes available.

Final sentence

[14] I would ask you now to stand Ms Epere. On each of the burglary charges, I sentence you to a term of imprisonment of one year and 11 months. These sentences are to be served concurrently. The effective end sentence is therefore one year and

11 months’ imprisonment.

[15] In relation to count 3, the grievous bodily harm charge, the Crown offers no evidence and I formally discharge you in relation to that count.

_{[16] You may stand down.}

M A Gilbert J