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New Zealand Police v Tonihi [2020] NZDC 20357

Published 22 November 2024

Sentencing — shoplifting — trespass — failing to appear — spree-nature offending — no guiding tariff — McMurtrie v Police [2015] NZHC 1031. The defendant appeared for sentence on eight charges of shoplifting, two of trespass and one of failing to appear. She had committed the eight shoplifting offences over a period of just over six months; seven of the offences were committed while she was on bail for the first. She also shoplifted from stores that had already trespassed her from returning. The offending was aggravated by premeditation, spree-nature offending, and loss to various retailers, with many of the stolen items never being recovered. The start point for sentence was eight months' imprisonment for the shoplifting charges, with uplifts of one month for the trespass charges and two months for offending on bail and prior convictions. The Court declined to allow a reduction for time spent on bail given the defendant's poor compliance, but allowed a discount for guilty plea. The Court considered that the defendant was not a suitable candidate for home detention given her poor compliance and persistent offending. The final sentence was eight months' imprisonment. Judgment Date: 29 September 2020.