Fa'alogo v The King - [2025] NZHC 3099

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2025-404-419

[2025] NZHC 3099

BETWEEN
MORMON FA’ALOGO

Appellant

AND

THE KING

Respondent

Hearing: 14 October 2025

Appearances:

J A Kincade KC for Appellant

R van Boheemen for Respondent

Judgment:

17 October 2025

JUDGMENT OF GARDINER J

[Appeal against conviction]

This judgment was delivered by me on 17 October 2025 at 11.00 am Registrar/Deputy Registrar

Solicitors:
J A Kincade KC, Barrister, Auckland MC, Auckland

FA’ALOGO v R [2025] NZHC 3099 [17 October 2025]

[1] Mormon Fa’alogo appeals his conviction of wounding with intent to cause grievous bodily harm, following a Judge-alone trial in the District Court before Judge N Mathers in May 2024.1 Mr Fa’alogo was sentenced to six years and two months’ imprisonment on 29 May 2025.

[2]The Crown opposes the appeal.

[3] Mr Fa’alogo requires leave to file his appeal out of time. The delay has been due to the unavailability of counsel and the time to take instructions. The Crown does not oppose leave being given. I grant leave.

The offending

[4] The Crown alleged that, over 17 and 18 May 2023, Mr Fa’alogo brutally assaulted his partner after he had seen text messages between her and her previous partner, which suggested an ongoing sexual relationship between them.

[5] As a result of the assault, the victim suffered injuries including swelling and bruising around both eyes, a fracture to the bone around the right eye, right facial bone fracture, a rib fracture, air in the chest cavity between the lung and chest wall and lacerations across three fingers in her right hand. When the victim arrived at the hospital, she required a wheelchair.

[6] Mr Fa’alogo was arrested upon delivering the victim to the hospital. Mr Fa’alogo was wearing an EM tracker at the time and the arresting officer noticed blood on the tracker. Mr Fa’alogo was also assessed by a doctor while in custody, who noted that he had dried blood on his left forearm and mild to moderate bruising on his right-hand knuckles and swelling in his left hand.

Decision on appeal

[7] The Judge referred to the background of the offending and then summarised the Crown case as follows. A detective attended at the hospital and took the victim’s keys to the address where the offending occurred. He noted that the house was messy

1 R v Fa’alogo [2024] NZDC 12074.

and chaotic, with items strewn around and blood on the surfaces, particularly in the bedroom. The detective also noted tufts of dark hair on the floor. In cross-examination, the detective agreed that he could not rule out that this was the scene of a home invasion but noted that what was uncharacteristic was hair being pulled or cut out.

[8] The Judge also noted the police’s findings on the former partner’s phone which included various text messages and a video sent from the victim’s phone which Mr Fa’alogo accepted he had sent. The video showed the…

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 Fa'alogo v The King

Details

AGLC: Fa'alogo v The King [2025] NZHC 3099
Case: [2025] NZHC 3099
Decision Date: 17 October 2025

CaseChat Overview and Summary

Mormon Fa’alogo appeals his conviction of wounding with intent to cause grievous bodily harm, which was decided by a Judge alone in the District Court. The Crown opposes the appeal. The appeal hinges on whether the District Court Judge erred in her assessment of the evidence, leading to a miscarriage of justice. The offending in question occurred over 17 and 18 May 2023, when Mr Fa’alogo allegedly assaulted his partner after discovering text messages suggesting an ongoing sexual relationship between her and her previous partner. The victim suffered severe injuries, including facial fractures, a rib fracture, and lacerations. Mr Fa’alogo’s version of events was that he was asleep when three home invaders assaulted the victim, and he was unharmed as he was in another room. The victim corroborated this account, claiming she was asleep when attacked and could not describe the assailants. The Crown argued that the evidence of motive, including text and voice messages sent by Mr Fa’alogo to the victim’s ex-partner, alongside the severe injuries and the implausibility of the defence narrative, supported the conclusion that Mr Fa’alogo was the assailant. The Judge dismissed the defence case, finding the narrative implausible and accepting the Crown's evidence. The Court of Appeal found that the Judge was correct to discredit the implausible accounts provided by Mr Fa’alogo and the victim. The Court held that the evidence, including the motive, the content of the messages, and the injuries sustained by the victim, sufficiently supported the conclusion that Mr Fa’alogo was the perpetrator. The appeal was dismissed, and the conviction was upheld.

Orders