Eight young people aged 14-20 were arrested and some stolen goods were recovered.
Rueben appeared in the Hamilton District Court today when he was sentenced on a charge of aggravated robbery - which has a maximum prison term of 14 years’ jail - and unlawfully getting into a motor vehicle.
Judge Denise Clark took a start point of four years and 10 months’ prison, but Rueben’s counsel Sacha Nepe successfully convinced her not to send the teen to prison.
Judge Clark got to an end jail term of eight months’ prison.
Because it was a term of prison under two years it was eligible to be converted to home detention and for that to be served at Te Whare Puutikitiki; a residential facility in Hamilton East, that offers a manaakitanga service to tāne coming out of prison or serving community sentences.
The Government has recently announced changes to the Sentencing Act, which still needs to be passed through the house, which could see judges restricted from imposing no more than 40% worth of discounts at sentencing.
If Justice Minister Paul Goldsmith’s proposals are passed, they could come into effect from early next year.
Frustrated victims
On January 9 Rueben and the others he was with waited in the stolen car before going into the petrol station.
Rueben had a rubbish bin, another had a hammer and the third was filming as Rueben and his associate went behind the counter and took cigarettes and the cash till.
They left in the stolen car before stopping to transfer the stolen property into that car.
Nobody was injured but Gull suffered a loss totalling $14,363.55, while the owner of the stolen car had to pay $1000 to get that fixed too.
Crown solicitor Kasey Dillon said the victim impact statement detailed how they’d been left frustrated as they’d worked hard for their money and suffered a significant financial loss as a result.
He pushed for a five-year jail starting point and accepted while home detention could be an option, community detention would be “wholly inadequate”.
‘Programme will provide structure’
Nepe said her client was one of three but he wasn’t carrying a weapon - just the bin to fill with items - but she accepted his co-accused had a hammer.
“My submission is that while it is a joint enterprise, that Anaru is somewhat lesser than that of the person with the hammer.
“It was obviously distressing but there’s no evidence that [hammer] was used.”
Nepe outlined the teen’s disruptive upbringing and having to move around different homes due to his parents’ inability to look after him.
He had been in an adult prison in custody since the offending “that is a significant period of time for a young person to be in an adult prison”.
She had been working with the Department of Corrections to find an alternative programme for Rueben to do and had found Te Whare Puutikitiki; a residential facility in Hamilton East, that offered a manaakitanga service to tāne coming out of prison or serving community sentences.
She suggested the judge couple community detention with an intensive supervision sentence.
“He is a young man and the court must consider the least restrictive outcome.
“This programme will provide him with structure,” and one that the teen was “excited” about taking part in.
She accepted the victims had been left out of pocket but said Rueben had been in custody and wasn’t in a position to offer anything.
One of the facility leaders told Judge Clark that the programme “will be intense”.
“He won’t have time to muck around,” and that after settling in there’s an expectation that he takes part in all that’s on offer which includes karakia, alcohol and drug counselling, and carving.
She successfully argued for a multitude of discounts, including 25% for his early guilty plea, and a further 20% for youth, and 20% for his section 27 report which detailed his upbringing. Given he had been in custody since being arrested in January, extra time was also taken off for that.
Judge Clark declined to issue reparation as it was “not something I can practically impose”.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for nine years and has been a journalist for 20.
