R v MOEKE [2018] NZHC 1426

R v MOEKE [2018] NZHC 1426

Adopted an 18 months' starting point for rioting, applied a 2 month uplift for extensive prior convictions (total 20 months), applied a 25% guilty plea discount, resulting in a final sentence of 15 months' imprisonment; declined youth discount and declined a community-based sentence as unsuitable.

Source-derived case information.

Citation
[2018] NZHC 1426
Parties
Prosecution: The Queen; Defendant: Tuterangi Moeke
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 June 2018
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to 15 months' imprisonment for rioting.
Legal Topics
Rioting, Aggravating Factors, Guilty Plea Discount, Youth Discount, Prior Convictions, Post Release Conditions
Criminal Law Sentencing Gangs Public Order Rioting Aggravating Factors Guilty Plea Discount Youth Discount +2 more

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Parties

The Queen

Prosecution

Tuterangi Moeke

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate starting point for rioting
  2. 2 Role of gang membership and premeditation
  3. 3 Application of guilty plea discount

Ratio Decidendi

Adopted an 18 months' starting point for rioting, applied a 2 month uplift for extensive prior convictions (total 20 months), applied a 25% guilty plea discount, resulting in a final sentence of 15 months' imprisonment; declined youth discount and declined a community-based sentence as unsuitable.

Court Disposition

Convicted and sentenced to 15 months' imprisonment for rioting.

Orders

  • Sentence: 15 months' imprisonment for rioting
  • Guilty plea discount of 25% applied