| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA708/2012 [2013] NZCA 510 |
| BETWEEN | KEFU IKAMANU |
| AND | THE QUEEN |
| CA751/2012 | |
| BETWEEN | SOLICITOR-GENERAL |
| AND | KEFU IKAMANU |
| Hearing: | 16 September 2013 |
Court: | Miller, Cooper and Lang JJ |
Counsel: | S J Lance for Appellant in CA708/2012 and Respondent in CA751/2012 |
Judgment: | 30 October 2013 at 3.00 pm |
JUDGMENT OF THE COURT
AThe appeal against conviction is dismissed.
BMr Ikamanu’s appeal against sentence is dismissed.
CThe Solicitor-General's application for leave to appeal against sentence is granted and the appeal is allowed to the extent that we order Mr Ikamanu to serve a minimum term of imprisonment of one half of the sentence of six years and nine months’ imprisonment imposed in the High Court.
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REASONS OF THE COURT
(Given by Cooper J)
Introduction
Background facts
The conviction appeal
The evidence
Submissions
Discussion
The sentence appeals
Starting point
Mitigating factors
Minimum term
Result
Introduction
Following his trial before Venning J and a jury, the appellant, Kefu Ikamanu, was acquitted of the murder of his daughter, Seini Ikamanu. He was, however, convicted of her manslaughter and also convicted of causing her grievous bodily harm with intent to do so.
On sentencing Venning J adopted a starting point of eight years’ imprisonment for the manslaughter, taking it as the lead offence.[1] He applied an uplift of one year and six months to reflect the conviction for causing grievous bodily harm to ensure that the sentence imposed on the manslaughter reflected the gravity of the overall offending.
[1]R v Ikamanu [2012] NZHC 2755 at [27].
After making allowances for Mr Ikamanu’s early acknowledgement that he had caused the fatal injuries, remorse and an early offer to plead guilty to manslaughter, the Judge arrived at a final effective sentence of six years and nine months’ imprisonment. He imposed a sentence of one year and six months’ imprisonment for the grievous bodily harm count and directed that the sentences be served concurrently. The Judge declined to impose a minimum term of imprisonment.
Mr Ikamanu now appeals against his conviction, but only in relation to the grievous bodily harm count. If that appeal is successful, he seeks that the sentence be reduced by one year and six months, thereby removing the uplift imposed for the grievous bodily harm offence.
The Solicitor-General also seeks leave to appeal against the sentence, alleging that it was manifestly inadequate. Counsel contends that given all the circumstances of the offending, the starting point of eight years’ imprisonment which Venning J adopted for the manslaughter was too low and the discounts allowed for personal mitigating features were too generous. Ms Edwards submitted that a sentence of nine years’ imprisonment was the minimum required to adequately reflect the gravity of the offending and Mr Ikamanu’s culpability.
The Solicitor-General further contends that there should have been a minimum period of imprisonment of four and a half years.
Background…
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- AGLC
- Ikamanu v The Queen [2013] NZCA 510
- Case
- [2013] NZCA 510
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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