IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE
CRI-2025-483-10
[2025] NZHC 1097
BETWEEN KEANE METEKINGI
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 2 May 2025 Counsel:
J H Waugh for Appellant I Barfucci for Respondent
Judgment:
8 May 2025
JUDGMENT OF GRAU J
[1] Mr Metekingi pleaded guilty to a charge of injuring with intent to injure.1 The charge resulted from an incident outside a party where he punched the victim’s head causing the victim to fall to the ground and lose consciousness. Mr Metekingi then twice punched the victim’s head again, while the victim lay on the ground. The victim sustained a concussion, a fractured nose, and lacerations to his mouth and lower chin. He lost two teeth and a third had to be removed.
[2] At sentencing Mr Metekingi sought a discharge without conviction under s 106 of the Sentencing Act 2002, primarily on the basis of the consequences of a conviction to his promising rugby career. Judge Marinovich declined to discharge Mr Metekingi, after concluding that the gravity of offending and the consequences of conviction were both moderate.2 That meant the consequences were not out of all proportion to the gravity of the offending. The Judge instead imposed a sentence of 12 months’
1 Crimes Act 1961 s 189(2): maximum penalty five years’ imprisonment.
2 Police v Metekingi [2025] NZDC 2747.
METEKINGI v NEW ZEALAND POLICE [2025] NZHC 1097 [8 May 2025]
supervision (with conditions to attend programmes)3 and ordered payment of $1,840 in reparation.
[3] Mr Metekingi appeals the Judge’s refusal to discharge him without conviction. He says the Judge erred in his assessment of both the gravity of the offending, which should have been assessed as low, and the consequences of conviction, which were high. The respondent supports the District Court’s decision. It says the Judge correctly identified that the consequences of conviction were not out of all proportion to the offending.
Legal principles
[4] Appeals against a refusal to grant a discharge without conviction pursuant to s 106 of the Sentencing Act 2002 are considered as a composite appeal against conviction and sentence.4 As the Court of Appeal explained in Jackson v R, the principled basis on which to determine a s 106 appeal is to establish that a miscarriage of justice has occurred by virtue of a material error by the sentencing Judge in entering the conviction.5 In the alternative, it can be argued that a miscarriage has occurred for any reason if the Judge has erred in applying the principles for discharge without conviction set out in s 107 of the Sentencing Act.6
[5] If satisfied either error is established, the appellate court must set aside the conviction, with the result that the sentence appeal does not require determination.7 A s 106 appeal is not an appeal against an exercise of discretion. The satisfaction of the threshold requirements for discharge in accordance with s 107 is a matter of fact requiring judicial…
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- Metekingi v Police [2025] NZHC 1097
- Case
- [2025] NZHC 1097
- Decision Date
CaseChat Overview and Summary
Mr Metekingi argues that the Judge erred in his assessment of both the gravity of the offending, which should have been assessed as low, and the consequences of conviction, which were high. The respondent supports the District Court’s decision. It says the Judge correctly identified that the consequences of conviction were not out of all proportion to the offending. The Court rejected Mr Metekingi’s submissions and held that the Judge’s assessment of the gravity of the offending was correct. The Court also rejected Mr Metekingi’s submissions that the consequences of conviction were out of all proportion to the offending. The appeal was dismissed.
The final orders of the Court were as follows:
1. The appeal is dismissed.
2. Keane Metekingi to pay the respondent’s costs of the appeal.
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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