R v KINGI [2018] NZHC 1905

R v KINGI [2018] NZHC 1905

For defendants who participated late in a series of confrontational incidents but with knowledge of earlier serious events, a starting point of 15 months imprisonment for rioting is appropriate; restrictive EM bail conditions and an acknowledged guilty plea justified downward adjustments of three months each in Mr Kingi's case, producing a nine month sentence; prior convictions of a nuisance character did not warrant uplift.

Citation
[2018] NZHC 1905
Parties
Crown: The Queen; Defendant: Tyson Kingi; Defendant: Lionel Te Riini
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 July 2018
Procedural Posture
Criminal Rioting / Sentence Indication and Sentencing
Outcome
Tyson Kingi sentenced to nine months imprisonment for rioting following sentence indication; Lionel Te Riini given sentence indication of 12 months imprisonment if he pleads guilty within the specified period.
Legal Topics
Riot, Guilty Plea Discount, EM Bail Conditions, Starting Point Determination, Prior Convictions, Home Detention Availability
Criminal Law Sentencing Riot Guilty Plea Discount EM Bail Conditions Starting Point Determination Prior Convictions Home Detention Availability

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Parties

The Queen

Crown

Tyson Kingi

Defendant

Lionel Te Riini

Defendant

Procedural Posture

Criminal Rioting / Sentence Indication and Sentencing

Legal Issues

  1. 1 Appropriate starting point for rioting involvement late in a sequence of related violent incidents
  2. 2 Proper allowance for mitigation for restrictive EM bail conditions
  3. 3 Quantum of discount for guilty pleas given timing and value to Crown and community

Ratio Decidendi

For defendants who participated late in a series of confrontational incidents but with knowledge of earlier serious events, a starting point of 15 months imprisonment for rioting is appropriate; restrictive EM bail conditions and an acknowledged guilty plea justified downward adjustments of three months each in Mr Kingi's case, producing a nine month sentence; prior convictions of a nuisance character did not warrant uplift.

Court Disposition

Tyson Kingi sentenced to nine months imprisonment for rioting following sentence indication; Lionel Te Riini given sentence indication of 12 months imprisonment if he pleads guilty within the specified period.

Orders

  • On charge of rioting Tyson Kingi is sentenced to nine months imprisonment.
  • Defendant stood down.