The youth was in court for his part in the aggravated robbery at the Gas service station in April 2023. Photo / Tania Whyte
The youth was in court for his part in the aggravated robbery at the Gas service station in April 2023. Photo / Tania Whyte
An 18-year-old looking at a five-year prison sentence has been told by a judge he needs a serious attitude adjustment due to his lack of insight into his violent offending in one of the worst pre-sentence reports he has ever seen.
Phoenix Cherrington, of Tikipunga, was due to be sentencedfor his role in an aggravated robbery that took place at the Gas service station in Tikipunga in April this year. But when he appeared for sentencing this week in the Whangārei District Court, the attitude displayed in his pre-sentence report shocked the court.
When Cherrington pleaded guilty to the charge of aggravated robbery, he was given the opportunity by Judge Greg Davis to engage in a life skills course to avoid a possible prison sentence.
Months later, Cherrington told report writers his priority was his casual job collecting rubbish, the court-directed course was not that important to him and he had barely shown up.
Judge Davis told Cherrington his attitude made it one of the worst pre-sentence reports he had ever seen and the youth needed a serious attitude adjustment.
“This pre-sentence report talks about a young fella who has no understanding of the violence involved, no understanding of the seriousness or the care of the victims.”
Judge Davis reprimanded the boy: “All I’m getting is me, me, me.”
“You thought you were going to turn up to sentencing and just say, ‘I’ve been working’.”
Cherrington’s lawyer Aaron Dooney agreed, saying given his client had not done what he was meant to, the court had the option to send him to prison.
“It’s not impressive at all,” Dooney said.
Cherrington and an accomplice stormed the Gas service station in Tikipunga on April 10, arriving in a Toyota and armed with a knife and an iron crowbar. Cherrington ran into the store, stole cigarettes and threatened two shop workers.
As Cherrington ran outside, he continued to threaten the victims with violence, and when they drove off, bystanders had to jump out of the way as the car came towards them.
He later posted photos online of the stolen cigarettes.
Judge Davis told the boy he was not impressed with his attitude when he came to sentencing. Photo / Michael Cunningham
“Let’s get some things straight here. You and your mates [at] the garage at Tiki you rolled - the Crown want to start at five and a half years’ prison.
“When I read that report, to be honest, I was pretty angry with what I read. There was attitude all over it. This looks like a major attitude on your part that didn’t impress me at all,” Judge Davis told the boy, who hung his head in the dock.
Crown lawyer Alex Goodwin argued Cherrington posed a serious risk to the community and needed to be sentenced as a matter of urgency.
“There is utterly no remorse whatsoever. If he continues this way, he is going to cause serious risk to the public,” Goodwin said.
Judge Davis said he was heartbroken to see the boy in the dock, given he came from a rangatira line with huge respect in the North.
“Your whānau and the Anglican Church - if ever there was a book to be written about the church in the North, your whānau would take up nine of 10 chapters, that’s how highly regarded they are.
“This is a rangatira line. If your grandfather was here, well, I’m not even going to guess what he would say,” Judge Davis said.
Cherrington’s girlfriend was supporting him in the back of the court, to which Judge Davis turned his attention.
“Is that your girlfriend?” Judge Davis asked.
“If you go to jail, I’m telling you now, no offence, but she won’t wait around. She’ll be 21 by the time you get out - that’s three years. Three years inside, he needs to realise that.
“Turn this story around. Prison is not off the table,” Judge Davis warned for a final time.
Cherrington was given one further chance and put off to engage with his course and restorative justice.
Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
