In the first burglary, Arama-Heta, then 26, dropped his 17-year-old co-offender at a property on Royal View Rd, Te Atatū South, about midday on June 24, last year.
He stayed in the car while his co-offender forced open a security door, went into the house, searching bedrooms and tipping out drawers, before making off with jewellery and scarves.
The pair then parked near Parkvale Grove about 90 minutes later, with Arama-Heta dropping off his co-offender, who then went into a nearby house.
The resident was woken by a noise, went to investigate and was confronted by the intruder, who had a piece of metal.
He demanded the resident’s phone before ordering him to the ground and binding his hands with rope.
He then forced him back to a bedroom to point out valuables, before putting a pillowcase over his head and asking where the safe was.
The victim was then led to the garage and forced into the boot of his flatmate’s car.
The intruder then left and went back to where Arama-Heta had parked.
The pair returned to the house, taking more items and putting them in the flatmate’s car before the co-offender drove that car away, with the resident still in the boot.
Arama-Heta followed and, when the other car came to a temporary stop, the victim managed to escape from the boot.
He got into a short fight with the co-offender, who then got back into Arama-Heta’s car, and they drove off.
Arama-Heta was ultimately the only one prosecuted, as his co-offender died.
He was charged with possessing cannabis for supply after police found 28 separate ziplock bags containing a total of 256g of cannabis.
Judge Brooke Gibson, sentencing him in the District Court in June, took a starting point of four and a half years’ jail before issuing a 20% discount for his guilty plea and 5% for remorse and willingness to participate in restorative justice.
The 54-month starting point included four months for his previous criminal history and offending while on electronically monitored bail.
Judge Gibson’s sentence of 45 months included the 25% discount, plus four months for the cannabis charge.
Arama-Heta’s lawyer, Sumudu Thode, argued that the judge’s starting point was too high and instead pushed for one of 34 months.
She then argued for a further 15% discount for his background factors, and 10% for remorse and rehabilitation.
‘Beyond the facts expressly admitted’
Justice O’Gorman said the statement from the victim made it clear that Arama-Heta would not have seen him being put in the boot or anything that happened in the house.
She said it wasn’t appropriate to sentence Arama-Heta for the “nature and severity of the violent conduct committed by his co-offender”.
“This goes beyond the facts expressly or implicitly admitted by Mr Arama-Heta’s guilty plea.
“I consider it strays too far into guessing or speculating on matters beyond what was stated in the summary of facts.”
On that basis, she agreed with Thode on a 34-month starting point for the sentence, which encompassed the cannabis supply charge.
She also agreed that a 5% discount for background factors was “inadequate”.
“I consider this was an error because his personal background ... shows substantial deprivation and lack of prosocial family support ... including abuse and bullying leading to a drug and alcohol dependence and criminal activity from the age of 13.”
Arama-Heta was also committed to turning his life around and had felt ashamed of his actions and the impact they had on his two young children, she said.
A pre-sentence report referred to him stating “that his partner and children are his primary motivation for maintaining an offence-free lifestyle”.
Justice O’Gorman was “optimistic” that his post-offending insight followed the death of his co-offender and the sentencing consequences for his family.
She quashed his 45-month jail term and replaced it with one of 23 months.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.
