Sentencing her this week in Gisborne District Court, for a charge of receiving, Judge Warren Cathcart reached a nominal end sentence of six-month imprisonment but converted it to four months community detention (curfew 7pm – 7am) saying it was the least restrictive appropriate outcome.
In setting an eight-month starting point, the judge accepted counsel Elliott Lynch’s submissions that Tutaki’s culpability was less than that of offenders in comparable cases because she was under duress to sell the rings from a violent and abusive partner.
The judge noted that explanation was different to the one Tutaki gave police. However, he wasn’t in a position to resolve the issue and while self-reported, he had to accept the latter explanation at face value.
Having taken that into account in setting the sentence starting point, he couldn’t take it into account again when considering discounts. That meant the only discount Tutaki could get was for her guilty pleas – a full 25 per cent (two months).
The judge refused to give her a further discount for remorse, saying Tutaki’s expressions of it were only “self-serving”.