IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2021-404-56
[2021] NZHC 817
BETWEEN
SIONE HUKEHUKE
Appellant
AND
THE QUEEN
Respondent
Hearing:
12 April 2021; further submissions filed 13 and 14 April 2021
Counsel:
J-F M O’Halloran for appellant M D East for respondent
M E Goodwin, on behalf of victims as an observer
Judgment:
15 April 2021
RESERVED JUDGMENT OF TOOGOOD J
This judgment was delivered by me on 15 April 2021 at 3.00pm.
Registrar/Deputy Registrar Date:
Solicitors:
Public Defence Service, Auckland Crown Solicitor, Auckland
HUKEHUKE v R [2021] NZHC 817 [15 April 2021]
[1] Sione Hukehuke pleaded guilty to seven charges arising from a spate of offending on 8 and 9 February 2020, some of it involving serious violence during a home invasion.1 He was 22 years old at the time. Mr Hukehuke now appeals against the sentence of six years five months’ imprisonment imposed on him by Judge Collins in the District Court at Auckland on 22 January 2021.2
Background
[2] At 8.30 am on 8 February 2020, at an address in Freemans Bay, Auckland, the first complainant was taking a shower. She left the shower to investigate noises coming from her bedroom. She found Mr Hukehuke there and demanded he leave. He refused initially and told her he wanted to see her naked, but eventually he left. He returned later and stood on the complainant’s deck but left when told to do so. Mr Hukehuke pleaded guilty to burglary.
[3] At 8.00 am on 9 February 2020, Mr Hukehuke entered a Grey Lynn house by breaking the back door and windows. He stole two iPhones and “a significant number of notes in Euros”. He also took possession of two full bottles of wine.3 A second burglary charge relates to that offending.
[4] While in the house, Mr Hukehuke became aware that the occupants were inside. When detected by Mr Young, he used one of the bottles to strike Mr Young around the head and face multiple times until he lost consciousness. The force involved smashed the bottle. Mr Young gained some consciousness and managed to stand up, but he was disoriented. He was then hit again in the head and the leg, rendering him fully unconscious. His leg was broken in four places.
1 Burglary, Crimes Act 1961, s 231(1)(a), maximum penalty: 10 years’ imprisonment. Wounding with intent to cause grievous bodily harm, Crimes Act 1961, s 188(1), maximum penalty: 14 years’ imprisonment. Assault with a weapon, Crimes Act 1961, s 202C, maximum penalty: five years’ imprisonment. Intentional damage to a motor vehicle, Crimes Act 1961, s269(1)(b), maximum penalty: seven years’ imprisonment. Theft Ex Car, Crimes Act 1961, ss 219 and 223(c), maximum penalty: one year’s imprisonment.
2 R v Hukehuke [2021] NZDC 1013.
3 At [11].
[5] The other occupant, Mr Rush, then entered the room, having been alerted by the noise. Mr Hukehuke threw one of the bottles of wine at him; it shattered, cutting…
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.
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AGLC
Hukehuke v The Queen [2021] NZHC 817
Case
[2021] NZHC 817
Decision Date
CaseChat Overview and Summary
Sione Hukehuke appealed against a sentence of six years and five months’ imprisonment imposed on him by Judge Collins in the District Court at Auckland on 22 January 2021. Hukehuke had pleaded guilty to seven charges arising from a spate of offending on 8 and 9 February 2020, including burglary, wounding with intent to cause grievous bodily harm, assault with a weapon, intentional damage to a motor vehicle and theft. The offending involved serious violence during a home invasion. Hukehuke's counsel submitted that the District Court judge erred in not allowing sufficient credit for Hukehuke's youth, remorse, mental health and time spent on restrictive bail conditions. The court was required to consider whether the sentence imposed was manifestly excessive. The court found that while there were some errors in the District Court's approach, they did not lead to any injustice. The court considered that an effective end sentence of not less than eight years’ imprisonment was justified. The sentence of six years and five months’ imprisonment should properly be considered sympathetic in view of the seriousness of the offending. The appeal was dismissed.