R v TE RIINI [2018] NZHC 2593

R v TE RIINI [2018] NZHC 2593

Selected a starting point of 15 months imprisonment for rioting, applied a three month (20%) reduction for guilty plea/related mitigation to produce a 12 month sentence, declined uplift for prior convictions, and imposed six months home detention (half the nominal term) because the offending sat at the low end of seriousness and home detention was available and appropriate to facilitate rehabilitation and employment.

Citation
[2018] NZHC 2593
Parties
Crown: The Queen; Defendant: Lionel Te Riini; Co Defendant: Tyson Kingi
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 October 2018
Procedural Posture
Criminal Rioting / Sentencing (post Sentence Indication)
Outcome
Sentenced to six months home detention
Legal Topics
Riot, Home Detention, Sentence Indication, Guilty Plea Discount
Criminal Law Sentencing Riot Home Detention Sentence Indication Guilty Plea Discount

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Parties

The Queen

Crown

Lionel Te Riini

Defendant

Tyson Kingi

Co Defendant

Procedural Posture

Criminal Rioting / Sentencing (post Sentence Indication)

Legal Issues

  1. 1 Appropriate starting point for rioting offending
  2. 2 Whether to impose home detention or community detention
  3. 3 Appropriate level of guilty plea discount

Ratio Decidendi

Selected a starting point of 15 months imprisonment for rioting, applied a three month (20%) reduction for guilty plea/related mitigation to produce a 12 month sentence, declined uplift for prior convictions, and imposed six months home detention (half the nominal term) because the offending sat at the low end of seriousness and home detention was available and appropriate to facilitate rehabilitation and employment.

Court Disposition

Sentenced to six months home detention

Orders

  • Travel directly from Court to the nominated address and await arrival of the security officer
  • Reside at the nominated address 24 hours per day and seven days per week and only leave with prior written consent of the probation officer