R v KAWHE [2022] NZHC 1852

R v KAWHE [2022] NZHC 1852

Applying ordinary sentencing principles because mandatory three strikes sentence would breach s9 NZBORA, the Court set a starting point of 18 months for the robbery, uplifted that by 15% for extensive prior convictions and offending while subject to sentence, applied a 20% discount for the guilty plea, and imposed a...

Source-derived case information.

Citation
[2022] NZHC 1852
Parties
Crown: The Queen; Defendant: William Kawhe; Interested Party: Department of Corrections
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 July 2022
Procedural Posture
Criminal Sentencing (robbery; Breach of Intensive Supervision) / Sentencing (high Court)
Outcome
Convicted and sentenced to 17 months' imprisonment for robbery and breach of intensive supervision.
Legal Topics
Robbery, Breach of Intensive Supervision, Three Strikes Regime, Sentencing Indication, Home Detention, Release Conditions
Criminal Law Sentencing Corrections Parole Human Rights (nzbora) Robbery Breach of Intensive Supervision Three Strikes Regime +3 more

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Parties

The Queen

Crown

William Kawhe

Defendant

Department of Corrections

Interested Party

Procedural Posture

Criminal Sentencing (robbery; Breach of Intensive Supervision) / Sentencing (high Court)

Legal Issues

  1. 1 Whether the three strikes regime as applied would breach s 9 NZBORA
  2. 2 Appropriate starting point for street robbery committed with co-offender
  3. 3 Application of totality and uplift/discount for prior convictions and guilty plea

Ratio Decidendi

Applying ordinary sentencing principles because mandatory three strikes sentence would breach s9 NZBORA, the Court set a starting point of 18 months for the robbery, uplifted that by 15% for extensive prior convictions and offending while subject to sentence, applied a 20% discount for the guilty plea, and imposed a global sentence of 17 months' imprisonment (with credit for time served); home detention was declined absent specialist reports and effective custodial release conditions and special release conditions were imposed.

Court Disposition

Convicted and sentenced to 17 months' imprisonment for robbery and breach of intensive supervision.

Orders

  • Sentence of 17 months' imprisonment on charges of robbery and breach of intensive supervision
  • Credit given for 10 months and two weeks remand time to be calculated by prison manager under Parole Act s91