| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA174/2024 |
| BETWEEN | LEVI MICHAEL JAMES WHARERAU |
| AND | THE KING |
| Hearing: | 13 November 2024 |
Court: | Mallon, Dunningham and Powell JJ |
Counsel: | T Braithwaite for Appellant |
Judgment: | 16 December 2024 at 2 pm |
JUDGMENT OF THE COURT
AThe appeal against conviction is dismissed.
BThe appeal against sentence is allowed. The sentence of seven years’ imprisonment on the charge of wounding with intent to cause grievous bodily harm is quashed and substituted with a sentence of six years and six months’ imprisonment.
____________________________________________________________________
REASONS OF THE COURT
(Given by Powell J)
Introduction
Levi Wharerau has been sentenced to seven years’ imprisonment on a total of 12 convictions.[1] He now appeals three of those convictions and his overall sentence.
[1]R v Wharerau [2024] NZDC 5582 [sentencing notes].
All of Mr Wharerau’s convictions arise out of a connected set of offending that took place on 26 December 2021. What happened was described at sentencing by the trial judge, Judge Paul, in the following terms:
[3] … On the morning of 26 December 2021, you were driving a Toyota Prado 4x4 I believe on State Highway 38 at speed directly towards three vehicles travelling the other way. The first two vehicles, the driver’s comprising [the first driver] and the second driver … were forced to swerve to avoid colliding head-on with your vehicle. [The second driver’s] vehicle ended up in a small ditch. He called police. [The first driver] gave evidence that you did not stray from your path at all. He thought you were driving at over 100 kilometres an hour. [The second driver] recalled that you were zigzagging all over the road.
[4] For the third vehicle, that is the [father and daughter’s] van, you tracked their van, lining it up for a head-on crash. I vividly recall the evidence of [the daughter] where in her words she explained your vehicle was “mocking” the driving of their van. [The father] described the defendant as following his movements. Both [the father and daughter] recall your vehicle accelerating as you got closer. At the last moment, [the father] managed to pull sharply to the left to avoid an imminent head-on collision and I recall his evidence was he did that specifically to save his daughter from the collision that was about to occur.
[5] Your vehicle collided with [the father’s] van at speed causing the van to roll at least twice. Both [the father and daughter] were knocked unconscious with [the father] being trapped in the vehicle requiring emergency services to cut the door away to free him.
[6] [The father] sustained fractures to three vertebrae, laceration to his head, chest pain, breathing difficulties and required hospital treatment. [The daughter] sustained lacerations to her face and finger as well as general swelling, bruising and grazes. We now know from her evidence, subsequent concussions.
[7] An…
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- Case
- [2024] NZCA 666
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