Epiha v The the King - [2022] NZCA 508

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA49/2022
[2022] NZCA 508

BETWEEN	ELI BOB SAUNI EPIHA Appellant
AND	THE KING Respondent

Hearing:	6 October 2022
Court:	Cooper P, French and Collins JJ
Counsel:	M A Edgar and V J Feyen for Appellant B H Dickey, A M McClintock and NTM Herewini for Respondent
Judgment:	26 October 2022 at 9.30 am

JUDGMENT OF THE COURT

The appeal against sentence is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Collins J)

Introduction

Following a “shooting spree” in West Auckland in which he targeted two police officers, Mr Epiha was charged with having murdered Constable Hunt, the attempted murder of Constable Goldfinch and dangerous driving causing injury to Mr Sattar, a civilian.[1] We shall explain Mr Epiha’s offending at [5] to [12].
[1]R v Epiha [2021] NZHC 3394 [Sentencing notes] at [36].
Five days before trial, Mr Epiha pleaded guilty to having murdered Constable Hunt and dangerous driving causing injury to Mr Sattar. At the conclusion of his trial Mr Epiha was also found guilty of having attempted to murder Constable Goldfinch.
Mr Epiha was sentenced by Venning J to life imprisonment for the murder of Constable Hunt with the condition he serve a minimum period of imprisonment (MPI) of 27 years before he is eligible to be considered for parole. Mr Epiha was sentenced to concurrent sentences of 12 years’ imprisonment for the attempted murder of Constable Goldfinch and one year’s imprisonment for dangerous driving causing injury to Mr Sattar.[2]
[2]At [65].
Mr Epiha appeals his sentence. The essence of his appeal is that the adjusted MPI starting point of 29 and a half years’ imprisonment adopted by Venning J was too high and that insufficient credit was given for Mr Epiha’s personal mitigating circumstances. It is submitted on behalf of Mr Epiha that the errors in sentencing resulted in a sentence that is manifestly excessive.

The offending

At approximately 10.30 am on 19 June 2020 Mr Sattar was loading items into his car in Reynella Drive, West Auckland. At the same time Mr Epiha was being pursued along Reynella Drive in his Toyota sedan by Constables Hunt and Goldfinch, who were driving a marked police patrol car with the lights and sirens operating. Mr Epiha lost control of his vehicle and crashed into Mr Sattar’s car, causing a number of injuries to Mr Sattar. Mr Epiha tried to drive his car from the crash but was unable to do so because of the damage that had occurred to his vehicle. Mr Epiha got out of his car with a 7.62 mm NHM-90 Norinco semi-automatic rifle, a weapon which is manufactured in China and is similar to the Russian Kalashnikov AK-47. Mr Epiha left a second rifle in his car.
Constables Hunt and Goldfinch arrived at the scene just as Mr Epiha was getting out of his vehicle. Constable Goldfinch alighted from the front passenger seat of the police car to render assistance to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Epiha v The the King

Details

AGLC: Epiha v The the King [2022] NZCA 508
Case: [2022] NZCA 508
Decision Date: 26 October 2022 at 9.30 am

CaseChat Overview and Summary

In the case of Epiha v The King, the Court of Appeal dismissed Mr Epiha's appeal against his sentence. Mr Epiha had pleaded guilty to the murder of Constable Hunt, the attempted murder of Constable Goldfinch, and dangerous driving causing injury to Mr Sattar. He was sentenced to life imprisonment with a minimum period of imprisonment (MPI) of 27 years for the murder of Constable Hunt, 12 years' imprisonment for the attempted murder of Constable Goldfinch, and one year's imprisonment for dangerous driving causing injury to Mr Sattar. Mr Epiha argued that the adjusted MPI starting point of 29 and a half years' imprisonment adopted by Venning J was too high and that insufficient credit was given for his personal mitigating circumstances. The Court of Appeal found that Venning J had not erred in adopting an adjusted MPI starting point of 29 and a half years in relation to the murder of Constable Hunt, given the seriousness of the offending and the need to protect the community from increasing violence involving guns. The Court also found that the deductions made for Mr Epiha's guilty pleas and personal factors were appropriate. The sentence imposed by the High Court was not manifestly excessive and was a proportionate response to the merciless shooting of two police officers and the taking of a young constable's life. The appeal against sentence was dismissed.

Orders