R v MAROU [2018] NZHC 2594

R v MAROU [2018] NZHC 2594

For rioting where the defendant's role was comparable to co-defendants, a 15‑month starting point was appropriate; allow a four‑month reduction for restrictive EM bail conditions and a three‑month reduction for a guilty plea producing an eight‑month term, and convert that term to six months community detention (with an 8:00 pm–4:30 am curfew) given continued full‑time employment and prior compliance with EM bail; no community work imposed due to demanding employment.

Citation
[2018] NZHC 2594
Parties
Crown: The Queen; Defendant: Pairama Thunder Marou; Defendant: Tyson Kingi; Defendant: Lionel Te Riini
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 October 2018
Procedural Posture
Criminal Rioting / Sentencing and Sentence Indication
Outcome
Defendant Pairama Thunder Marou sentenced to six months community detention with an evening curfew to permit ongoing employment; no community work ordered.
Legal Topics
Rioting, Sentence Indication, Guilty Plea Discount, Restrictive Bail Conditions Discount, Home Detention, Community Detention, Curfew, Electronic Monitoring (em)
Criminal Law Sentencing Bail and Electronic Monitoring Public Order Offences Rioting Sentence Indication Guilty Plea Discount Restrictive Bail Conditions Discount +4 more

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Parties

The Queen

Crown

Pairama Thunder Marou

Defendant

Tyson Kingi

Defendant

Lionel Te Riini

Defendant

Procedural Posture

Criminal Rioting / Sentencing and Sentence Indication

Legal Issues

  1. 1 Appropriate starting point for rioting
  2. 2 Appropriate discount for guilty pleas
  3. 3 Appropriate discount for restrictive EM/bail conditions

Ratio Decidendi

For rioting where the defendant's role was comparable to co-defendants, a 15‑month starting point was appropriate; allow a four‑month reduction for restrictive EM bail conditions and a three‑month reduction for a guilty plea producing an eight‑month term, and convert that term to six months community detention (with an 8:00 pm–4:30 am curfew) given continued full‑time employment and prior compliance with EM bail; no community work imposed due to demanding employment.

Court Disposition

Defendant Pairama Thunder Marou sentenced to six months community detention with an evening curfew to permit ongoing employment; no community work ordered.

Orders

  • Six months community detention at 5 Armstrong Avenue, Whakatane with a curfew each evening between 8:00 pm and 4:30 am
  • No sentence of community work imposed