R v Opetaia

[2014] NZHC 1876

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-092-9212 [2014] NZHC 1876

THE QUEEN

v

SAMSON PAUL OPETAIA

Hearing:	11 August 2014
Appearances:	D J Dufty for Crown A M Wharepouri for Defendant
Sentence:	11 August 2014

SENTENCE OF COOPER J

Solicitors:

Meredith Connell, Crown Solicitors, Auckland

Copy to:

A M Wharepouri, Auckland

R v OPETAIA [2014] NZHC 1876 [11 August 2014]

[1]      On 17 June 2014, I gave a sentence indication of the kind specifying a particular  time  period  for  sentence  as  contemplated  by  s 60(c)  of  the  Criminal Procedure Act 2011.1   Subsequently Mr Opetaia accepted the sentence indication and entered guilty pleas.  Shortly I will convict him of those offences.  That being the case, under s 116(2) of the Criminal Procedure Act the sentence indication is binding on me under s 116(2) of the Act unless information has become available after the sentence indication that satisfies me should have a material effect on the basis on which the sentence indication was given.

[2]      I note here that there are no victim impact statements.  The only other matter that  it  is  appropriate  to  note  is  that  I  have  received  a  memorandum  from Mr Wharepouri on Mr Opetaia’s behalf to which he attaches two letters in which Mr Opetaia expresses remorse and reveals some insight into the circumstances which have formed the background to his offending.  They also show that he is evidently serious about taking steps to improve himself in prison.  Those considerations are all to the good, but Mr Wharepouri has not suggested that they indicate that anything that has occurred which should have a material effect on the basis on which the sentence indication was given.  I am satisfied that that is so and therefore, for reasons given in the sentence indication I will impose the following sentences having now formally convicted Mr Opetaia of each offence charged.

[3]      In summary, on the charge of wounding with intent to cause grievous bodily harm there is a sentence of eight years’ imprisonment.  On the charges of aggravated robbery and receiving I impose terms respectively of 18 months and six months to be served concurrently with the sentence on the wounding charge.   On the charge of possession of methamphetamine for supply I impose a cumulative term of three years six months’ imprisonment with concurrent terms in each case of two years for the offences of conspiring to import the Class B controlled drug ephedrine and supplying the controlled drug methamphetamine and six months for possession of iodine.  On the charge of possession of methamphetamine Mr Opetaia is convicted and discharged.  On the charges of driving whilst disqualified I impose concurrent

terms of six months’ imprisonment in each case.   Those terms are to be served

1      R V Opetaia [2014] NZHC 1363.

cumulatively on the sentence of wounding with intent.   I also impose periods of

disqualification from holding a driver’s licence for one year on each offence.

[4]      On  the  charge  of  wounding  with  intent  I order  that  Mr Opetaia  serve  a minimum term of four years and in respect of the charge of possession of methamphetamine for supply I order that he is to serve a minimum term of one year and ten months.

[5]      Having convicted and sentenced you Mr Opetaia I now need to give you what is called a Three Strikes warning.  Wounding with intent to cause grievous bodily harm is what is known now as a three strikes offence. This is your first strike and the law requires me to give you a warning of the consequences of another serious conviction for violence.   You will be given a written notice outlining these consequences which lists the serious violence offences.  If you are convicted of any serious violent offences other than murder committed after this warning and if a Judge imposes a sentence of imprisonment, then you will serve that sentence without parole or early release.  If you are convicted of murder, committed after this warning, then you must be sentenced to life imprisonment.  That will be served without parole unless it would be manifestly unjust.  In that event the Judge must sentence you to a minimum term of imprisonment.   The Three Strikes warning applies not only in respect of the wounding with intent, but also to the aggravated robbery.

[6]      Mr Opetaia is now discharged pursuant to s 147 of the Crimes Act in respect of the ten additional offences referred to respectively as charges 1, 2, 5, 10, 12, 17,

18, 19, 21 and 22 in the Schedule attached to Mr Wharepouri’s memorandum for the

call-over on Wednesday 28 May 2014.

[7]      For the avoidance of doubt the restriction on publication of the sentence indication given on 17 June 2014 is no longer in effect.