Ihaia v The Queen - [2021] NZHC 1785

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-404-000064

[2021] NZHC 1785

BETWEEN
TYLER RAHARA HEREMAIA IHAIA

Appellant

AND

THE QUEEN

Respondent

Hearing: 13 July 2021

Appearances:

T J Darby for Appellant

Z Johnston for Respondent

Judgment:

15 July 2021

JUDGMENT OF WOOLFORD J

This judgment was delivered by me on Thursday, 15 July 2021 at 12:15 pm

Registrar/Deputy Registrar

Solicitors: Crown Law, Wellington Counsel: T Darby, Auckland

IHAIA v R [2021] NZHC 1785 [15 July 2021]

[1] Tyler Rahara Heremaia Ihaia was sentenced to three years’ imprisonment by Judge R J Collins in the District Court on 8 December 2020,1 after pleading guilty to one charge of wounding with intent to cause grievous bodily harm,2 and two charges of assault with weapon.3

[2] Mr Ihaia now appeals against sentence on the grounds that the Judge erred in setting the starting point, discounting the starting point, failing to consider Mr Ihaia’s lack of prior convictions, and failing to impose a sentence of home detention.

Factual background

[3]The following facts are drawn from the Caption Summary.

[4] On Sunday 3 November 2019, at around 3 am, Tyler Ihaia was involved in a street altercation with a group of unknown persons in central Auckland.

[5] Mr Ihaia broke away from the altercation and got into his vehicle, which was parked nearby. He was the sole occupant of the vehicle and seated in the driver’s seat.

[6] Mr Ihaia drove his vehicle towards the group of persons connected with the altercation, who were standing on the road. He intentionally accelerated towards this group, before swerving right into another smaller group of people, who were unrelated to the altercation.

[7] Mr Ihaia’s vehicle struck the three victims, and then crashed into a concrete block.

[8] Victim A was catapulted into the air and landed on the road. He sustained a fractured knee, broken teeth and multiple scratches and bruises. He is receiving ongoing treatment for his injuries.

1      R v Ihaia [2020] NZDC 25901.
2      Crimes Act 1961, s 188(1): maximum penalty of 14 years’ imprisonment.
3      Crimes Act, s 202C: maximum penalty of five years’ imprisonment.

[9] Victim B was knocked up onto the vehicle’s windscreen and carried on the bonnet until the vehicle crashed, when he was flung onto the ground. He sustained cuts to his face and head, and a sore left leg.

[10] Victim C was also knocked onto the vehicle’s bonnet and then flung onto the ground. She sustained heavy bruising to most of her body, a sore shoulder and left thigh.

[11] Mr Ihaia’s vehicle was seriously damaged by the collision with the concrete block. The windscreen was smashed when victims B and C were thrown against it.

[12] After the crash, Mr Ihaia exited his vehicle and was apprehended by bystanders, who called the Police.

[13] Mr Ihaia returned a breath alcohol test of 107mg of alcohol per litre. He was under 20 years of age and…

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 Ihaia v The Queen

Details

AGLC: Ihaia v The Queen [2021] NZHC 1785
Case: [2021] NZHC 1785
Decision Date: 15 July 2021

CaseChat Overview and Summary

Tyler Rahara Heremaia Ihaia was sentenced to three years' imprisonment by the District Court after pleading guilty to one charge of wounding with intent to cause grievous bodily harm and two charges of assault with a weapon. Ihaia appeals against sentence, arguing the Judge erred in setting the starting point, discounting the starting point, failing to consider Ihaia's lack of prior convictions, and failing to impose a sentence of home detention. The appeal was allowed, and a sentence of four months' home detention was imposed instead.

The court found that the starting point of five years was too high because the use of a vehicle as a weapon was already accounted for as part of the charges brought. The court found that the number of victims was not an aggravating factor because it was already accounted for by the fact that three charges were laid. The court found the offending to be in Band one, with a starting point of four years' imprisonment. The court found that a full guilty plea discount of 25 per cent was appropriate, and that Ihaia was also entitled to a discount of five per cent for remorse and a discount of five per cent for rehabilitative prospects. The total discounts amounted to 55 per cent, bringing the starting point to one year and 11 months' imprisonment. The court found that a sentence of home detention was appropriate as it is the least restrictive sentence available and would assist Ihaia's rehabilitation and societal reintegration.

Orders