Judge gets tough on violence

Navtej Singh was killed during an armed robbery at his Riverton Liquor Store in Manurewa in June last year. Two months later, it was again robbed. The two robbers have now been jailed. Photo / Dean Purcell

A senior judge has vowed to crack down on a crime wave of escalating violence which he says is sometimes "little more than sheer sadism".

Manukau District Court Judge Roy Wade will add an extra year to the starting point for prison sentences for criminals who commit aggravated robberies on small business owners.

From Monday, that will mean five years in jail, instead of the four-year guideline set by the Court of Appeal.

Local judges have the power to increase sentences to deal with a particular crime.

In this case, the target is aggravated robberies - those involving violence - which Judge Wade says plague the residents of Manukau.

He made the comments while sentencing Douglas Leatinuu and John Tino for the aggravated robbery of the Riverton Liquor Store, which occurred two months after owner Navtej Singh was fatally shot in the shop.

"Anyone who holds up a retail shop in South Auckland, whether it be a dairy, a liquor store or any other kind of retail premises, is going to go to prison for a very long time," the judge said.

"That will be the case whether they are young or old, and regardless of their personal circumstances. There will rarely be any question of home detention or community detention, and the only issue will be the length of the sentence.

"Therefore, before contemplating doing a hold-up for the sake of a few beers, a few cigarettes or a small amount of cash, the would-be robbers might reflect upon the inevitable misery that will be inflicted upon them as a result of their offending."

The pair received a one-third sentence discount for pleading guilty.

Tino, 30, was sentenced to two years and 10 months in jail; Leatinuu, 26, was sentenced to 3 years, as he had also committed two other home burglaries.

In his sentencing notes, Judge Wade then drew attention to the "sickening" scale of violent offending, which he said was "little more than sheer sadism" in some cases.

One home invasion victim was forced at gunpoint to sit on the hot elements of his electric stove in a bid to make him reveal the PIN number of an eftpos card.

In another case, the victim was bound, gagged and blindfolded, and had a running chainsaw lowered to the back of his neck until the teeth bit into the skin.

"That is the level of violence we are having to deal with on an almost daily basis," said Judge Wade.

Experienced defence lawyer Lorraine Smith, who spends much of her time in the Manukau court, supported Judge Wade's decision.

"When you consider the maximum penalty for aggravated robbery is 14 years, four years is no deterrent whatsoever," said Mrs Smith.

"People have no fear. If sentences were higher, they might well think twice. But what's four years when that time is likely to be sitting in the sun with their mates?"

Violent crime in Counties Manukau increased 69 per cent between 2004 and last year.

Police Minister Judith Collins, also the MP for Papakura, said Counties Manukau was the country's fastest-growing district and residents deserved the extra 300 frontline police promised by 2011 to keep their neighbourhoods and families safe.

Manukau Mayor Len Brown said he was comfortable with Judge Wade's decision to make an example of armed hold-ups and robberies.

"We know there are occasions of unacceptable violence and gross recklessness in our community," he said. But the community was "firmly focused on targeting the drug scene, the gang scene and alcohol".

"Some of the stuff that comes through is cruel and inhumane," said Mr Brown. "That's why we're working so damn hard to deal with it at the source, particularly among the young people."

Counties Manukau district commander Superintendent Mike Bush acknowledged the area had the worst statistics for violent crime in the country.

But police were focused on organised crime, drugs, alcohol and youth, and had short- and long-term plans to tackle the problems.

A stronger presence on the street, made possible by the appointment of more officers under the Government's plan for an extra 300 police, was already making a difference, said Mr Bush.

Last week, he said, the suburb of Otahuhu went 24 hours without a house burglary being reported, which was "unheard of".

THE EVIDENCE

CASE ONE

Two months after the murder of liquor shop owner Navtej Singh, three men use threats and violence to rob the same store again. This time, the victim is Gurwinder Singh, Navtej's cousin and business partner.

CASE TWO

Three men disguised as police armed offenders squad members smash through a family's front door, using a sledgehammer. The father is forced at gunpoint to sit on a hot electric stovetop until he reveals the PIN number of his eftpos card.

CASE THREE

A man is lured to a house, tied up, beaten and robbed. When he supplies a false PIN number for his bank card, one of the attackers starts a chainsaw and holds it to the back of his neck so the teeth cut his skin. Terrified, he gives them the correct number.