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New Zealand Police v Tetomo [2020] NZDC 21076

Published 25 February 2022

Sentencing — burglary — receiving — demands to steal — unlawfully taking a motor vehicle — breach of community work — breach of release conditions — spree offending — Sentencing Act 2002, s 27 — Arahanga v R [2012] NZCA 480 — Lawson v R [2013] NZCA 369 — Hindmarsh v Police [2019] NZHC 160 — Habib v Police [2017] NZHC 1750 — Vujcich v Police [2013] NZHC 1747 — Carr v R [2020] NZCA 357 — Zhang v R [2019] NZCA 507 — Moses v R [2020] NZCA 296. The defendant appeared for sentencing on 14 charges - burglary (five), receiving (four), breach of release conditions (two), and one each of demands to steal, unlawfully taking a motor vehicle and breach of community work. He had entered a private address, assaulted the occupant and demanded payment of $20,000. When the occupant was unable to pay the sum, the defendant took his vehicle (later returning it in reasonable condition). He also committed a series of burglaries of commercial and residential properties and received items taken in burglaries committed by others. In relation to the burglaries, the aggravating features were targeting residential dwellings (twice), taking property, offending while on bail, premeditation, forced entry, and impact on the victims. The start point for sentence was three and a half years' imprisonment; uplifts for the other dishonesty offending (the demands to steal charge itself was a serious incident) took the total start point to five years' imprisonment. The Court then added a further three-month uplift for prior convictions, before making reductions for guilty plea and prospects for rehabilitation. The final sentence was three years two months' prison. Judgment Date: 15 October 2020