| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA895/2010 [2011] NZCA 375 |
| BETWEEN RENATA MICHAEL HAIMONA |
| AND THE QUEEN |
| CA90/2011 |
| AND BETWEEN JOSEPH PINI PAUL |
| AND THE QUEEN |
| Hearing: 5 July 2011 |
| Court: Glazebrook, Rodney Hansen and MacKenzie JJ |
| Counsel: R Vigor-Brown and L Te Kani for Haimona |
| Judgment: 9 August 2011 at 3 pm |
JUDGMENT OF THE COURT
A Mr Haimona’s appeal against conviction is dismissed.
B Both appeals against sentence are dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by MacKenzie J)
Introduction
Mr Haimona was convicted at trial before Judge Rollo and a jury in August 2010 on a count of wounding with intent to cause grievous bodily harm and discharged on a further count of wounding with intent to injure. Mr Paul pleaded guilty at the close of the Crown case to both counts. A third accused was discharged on the count of wounding with intent to injure and acquitted on the count of wounding with intent to cause grievous bodily harm. Mr Haimona was sentenced to eight years and six months imprisonment, and Mr Paul to eight years and nine months imprisonment, with minimum periods of imprisonment of four years in each case.[1] Mr Haimona appeals against his conviction and sentence. Mr Paul appeals against sentence.
Facts
[1] R v Haimona DC Tauranga CRI-2009-270-100, 1 December 2010.
On the evening of 20 December 2008, the two victims, young men both aged 18, were attending a dance social at the Bethlehem Community Hall. They were outside the hall when a vehicle with four males and two females stopped. One of the occupants of the vehicle began swearing at the two young men and challenged them to a fight. They attacked the two victims. We deal later with the details of what occurred. One of the victims, Mr Brownlie‑Blackburn, was very seriously injured. He underwent a CT scan which confirmed fractures to his skull as well as haemorrhaging to both sides of his brain. The injuries were critical and life threatening and he was flown by helicopter to Waikato Hospital for further treatment. He was in a coma for an extended period and an assessment indicated that he would require an extended period of rehabilitation, possibly as long as 18 to 24 months, to relearn basic skills such as walking and eating. The second victim, Mr Heagren, was not seriously injured and was able to summon help from inside the community hall. When he returned outside he saw the offenders climb back into the vehicle and drive off at speed.
Mr Haimona’s conviction appeal
Mr Haimona was convicted on count one, wounding Mr Brownlie‑Blackburn with intent to cause grievous bodily harm. He was discharged pursuant to s 347 of the Crimes Act 1961 on count two, wounding Mr Heagren with intent to injure. He raises three issues in relation to that conviction:
(a)That the Court should have amended the indictment to include an alternative…
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- AGLC
- Haimona v R [2011] NZCA 375
- Case
- [2011] NZCA 375
- Decision Date
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