R v Tepana [2019] NZDC 12852

Published 20 July 2021

Sentencing — kidnapping — unlawful possession of ammunition — no tariff for offending — presence of firearm — R v Liev [2017] NZHC 2253 — Heke v R [2010] NZCA 476 — Moffat v R [2015] NZHC 107. The defendant appeared for sentencing on charges of kidnapping and unlawful possession of ammunition (a third charge of unlawful possession of a firearm had been withdrawn prior to sentencing). He had argued with the victim, became violent, and then pointed a loaded gun at the victim and made threatening remarks. He kept the victim detained for about 45 minutes before she was able to leave and call the police. Aggravating features of the offending were presence of a firearm, actual and threatened use of violence, and offending in the course of a domestic relationship. The Court set a start point of three years for the kidnapping charge, uplifted by three months for possession of ammunition and another three months for previous relevant convictions. The Court then applied discounts for willingness to attend restorative justice and guilty plea, and to recognise the totality principle. The final sentence was 22 months' imprisonment. Judgment Date: 3 July 2019.