| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA496/2023 [2024] NZCA 484 |
| BETWEEN | MICHAEL ROY FILOA |
| AND | THE KING |
| Hearing: | 30 July 2024 |
Court: | Courtney, Mander and Walker JJ |
Counsel: | M J Dyhrberg KC and H G de Groot for Appellant |
Judgment: | 26 September 2024 at 11 am |
JUDGMENT OF THE COURT
The application for an extension of time to appeal is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by Mander J)
Michael Filoa was convicted by a jury in the Auckland High Court of the murder of Clifford Umuhuri. He was sentenced to life imprisonment with a minimum period of imprisonment of 10 years and six months by the trial Judge, Harvey J, on 27 September 2022,[1] but did not file an appeal against his conviction and sentence until 29 August 2023. He seeks an extension of approximately 11 months to file his appeal out of time. The Crown opposes the application for an extension of time, which was directed to be heard separately from the proposed appeal.
Background
The homicide
[1]R v Filoa [2022] NZHC 2461 [sentencing notes].
The circumstances of Mr Umuhuri’s death arose out of a drug transaction that went awry. The transaction was to take place in the rear of a vehicle. Messrs Filoa and Umuhuri got into the backseat. Witnesses observed the car rocking back and forth before Mr Filoa exited the rear door. He drew a gun which he fired twice into the car at Mr Umuhuri who died from the resulting bullet wounds. The location of those wounds suggested Mr Umuhuri was not facing Mr Filoa when he was shot.
At trial, Mr Filoa gave evidence claiming he acted in self-defence. On his account, he had been repeatedly struck in the face with a hard object by Mr Umuhuri in the rear of the vehicle. After being assisted out of the vehicle by his associate, two of Mr Umuhuri’s companions advanced on him. His associate ran away and Mr Filoa was left in a dazed state, leaning on the car door for support.
Mr Filoa’s evidence was that he believed Mr Umuhuri had a gun. He heard the words “it’s jammed” followed by loud clicks which, as he told the pre-sentence report writer, “he distinctively knew [to be caused by] a firearm”. He could not see Mr Umuhuri in the backseat or a gun but believed what he heard was an attempt to fire at him. In fear of his life, he drew his firearm and fired two shots into the vehicle. Mr Filoa maintained he only wanted to deter Mr Umuhuri from harming him and was not aiming at anything in particular.
The trial
The Judge directed the jury about self-defence and provided a question trail that both parties agree was orthodox in its structure. After posing sequential questions regarding Mr Filoa’s involvement in the homicide which included whether the jury was sure…
Keep reading for free
Create a free CaseChat account to read MICHAEL ROY FILOA AND THE KING and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] NZCA 484
- Decision Date
CaseChat Overview and Summary
The Court held that the sequence in which the jury considered the issues of self-defence and murderous intent did not result in a miscarriage of justice, as the Judge directed the jury to return to the issue of the proportionality of the force used in light of any conclusion on murderous intent. The Court further found that the Judge's summing up on self-defence was adequate, and that the omission of certain details did not prejudice the jury's consideration of the case. Regarding the sentence, the Court upheld the Judge's decision that life imprisonment was not manifestly unjust in the circumstances of the case.
The Court concluded that the application for an extension of time was not warranted because the proposed grounds of appeal lacked merit and the significant delay in filing the appeal remained largely unexplained. Therefore, the application was declined.
The Court declined the application for an extension of time to appeal, affirming the conviction and sentence imposed on Michael Filoa.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.