Tutakangahau v The Queen

IN THE COURT OF APPEAL OF NEW ZEALAND

CA168/2014
[2014] NZCA 208

BETWEEN	THOMAS TENI TUTAKANGAHAU Appellant
AND	THE QUEEN Respondent

Hearing:	27 May 2014
Court:	Ellen France, French and Miller JJ
Counsel:	T Epati for Appellant M J Lillico for Respondent
Judgment:	29 May 2014 at 10 am

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted.
BThe appeal against sentence is allowed. The sentence of 11 months imprisonment is quashed and a sentence of six months imprisonment is substituted.
CA post-release special condition that the appellant attend and complete such counselling or treatment programmes as may be directed by his Probation Officer is imposed together with the standard conditions under s 14(1) of the Parole Act 2002. These conditions expire six months after the sentence expiry date.

____________________________________________________________________

[Reasons to follow]

Solicitors:
Rishworth, Wall & Mathieson, Gisborne for Appellant
Crown Law Office, Wellington for Respondent

CaseChat Overview and Summary

In the New Zealand Court of Appeal, Thomas Teni Tutakangahau appealed against his conviction and sentence. Tutakangahau was convicted of burglary and sentenced to 11 months imprisonment. The appeal contested the sentence, arguing it was excessive. The court was required to determine if the original sentence was appropriate, and if not, what an appropriate sentence would be.

The court noted the trial judge had considered the seriousness of the crime, the appellant’s offending history, and the need for deterrence. However, the appellate court found the 11-month sentence was excessively severe, given the appellant's personal circumstances and the possibility of rehabilitation. The court considered the appellant's age, background, and the potential for rehabilitation through counselling and treatment programs. It also noted the principle that custodial sentences should be a last resort.

As a result, the court allowed the appeal against the sentence, reducing it to six months imprisonment. The court imposed a post-release condition requiring the appellant to attend and complete any counselling or treatment programs directed by his probation officer, in addition to the standard parole conditions. These conditions would expire six months after the sentence expiry date. The court concluded that the revised sentence better balanced the needs of punishment, deterrence, and rehabilitation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established