A burglar broke into Rotorua Boys' High School three times but still felt his prison sentence was too high. Photo / NZME
A burglar broke into Rotorua Boys' High School three times but still felt his prison sentence was too high. Photo / NZME
A burglar who broke into Rotorua Boys’ High School three times, stealing thousands of dollars’ worth of electronic items and other equipment, has failed in his bid to get some time knocked off his prison sentence.
Mitchelle Iharaira John Anderson appealed his sentence to the High Court at Rotorua afterJudge John Bergseng jailed him for two years and seven months last year.
The appeal decision has recently been released publicly.
Anderson previously pleaded guilty in the Rotorua District Court to four charges of burglary – three of them for breaking into Rotorua Boys’ High School.
It was Anderson’s argument, through his lawyer Andy Hill, that Judge Bergseng placed too much emphasis on the lead burglary charge and therefore reached a prison starting point that was too high.
The lead charge related to Anderson breaking into the school’s rugby academy on February 23 last year, about 11.15pm.
He entered through a partially opened window that had security stays on it.
He used a prying device to get the window open and climbed into the academy building, spending time going through cabinets and putting various electronic items in his bags. The total value of the items taken was $9903.
Anderson’s first burglary was on January 19 last year, just after 5am, when he went to the school and entered through an unsecured door at the school’s Millennium Centre. He loaded up a plastic bin with food items and left.
He returned that night about 11.40pm and entered through the Millennium Centre again. He took an Apple MacBook laptop from an office, more food and a three-burner tabletop gas barbecue.
The fourth burglary was at 1am on February 25 at the Rotorua Badminton Club. He forced open a magnetically locked door, gained entry and forced open an internal office door. He stole two Ozito workshop blowers.
When Judge Berseng sentenced Anderson, he noted his significant history – including 10 previous burglary convictions between 2020 and 2022, as well as other dishonesty convictions.
He also noted Anderson had been jailed 57 times since 2015 and had significant methamphetamine and synthetic cannabis addiction issues.
Judge Bergseng took into account that targeting a school was an aggravating factor and that the value of the property was significant.
He also regarded the risk of confrontation, given that Anderson was in the boarding area of the school, as a further aggravating factor.
The appeal decision
Justice Peter Andrew noted in his appeal decision that Judge Bergseng made no error, and while his starting point might have been high, the end sentence “was not manifestly excessive”.
This was because he applied a “relatively modest” uplift for his “significant” criminal history.
Justice Andrew acknowledged the nearby boarding facility was an aggravating factor.
“Students, parents and staff at the school would naturally be alarmed at any offending taking place at night anywhere on the school grounds, given the presence of students sleeping there.”
Rotorua Boys' High School principal John Kendal.
School principal John Kendal told the Rotorua Daily Post he did not want to comment on the appeal decision but said it directly affected students through disruptions to learning and the loss of valuable resources when schools were targeted in burglaries and thefts.
“The safety and wellbeing of our students and staff are always our highest priority, and we remain focused on maintaining a safe, supportive environment for everyone at our kura.”
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.
