| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA430/2018 [2019] NZCA 528 |
| BETWEEN | SILAPEA MOMOISEA |
| AND | THE QUEEN |
| Hearing: | 11 September 2019 |
Court: | Courtney, Duffy and Wylie JJ |
Counsel: | R J Stevens and R T Nye-Wood for Appellant |
Judgment: | 1 November 2019 at 11 am |
JUDGMENT OF THE COURT
A The application for an extension of time to appeal is granted.
B The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Duffy J)
Silapea Momoisea took a large carving knife to the place where her former partner was living with his newly wedded wife. Ms Momoisea hid in the darkened room and when he entered with his wife Ms Momoisea stabbed him seven times and his wife twice. She managed to escape and survive the attack, but he did not. He died at the scene.
Ms Momoisea was charged with the murder of her former partner and attempted murder of his wife. She pleaded guilty and following conviction on the murder charge she was sentenced to life imprisonment with a minimum period of imprisonment (MPI) of 14 and a half years.[1]
[1]R v Momoisea [2018] NZHC 1577 [Sentencing notes] at [59]–[60].
She now appeals against the length of the MPI. She also seeks leave for an extension of time for filing the appeal as it was filed one day out of time. There was no opposition to the extension being granted and we are satisfied we should do so.
Relevant facts
Ms Momoisea is a 44-year-old Samoan woman and the mother of five children from a previous marriage. She had been in an intimate relationship with the deceased victim for approximately four years. They worshipped in the same church. He had an earlier relationship with a woman in Samoa with whom he had a daughter. Sometime during the course of his relationship with Ms Momoisea, the deceased returned to Samoa for a visit. He reconnected with the mother of his daughter and they married. He returned to New Zealand and later his wife and daughter came to New Zealand to join him. This led to him ending his relationship with Ms Momoisea.
Ms Momoisea took the ending of her relationship with the deceased badly. On the weekend of the 24 June 2017, she told her daughters the relationship had ended and why. She was upset and told her daughter she would kill the deceased because he had hurt her and if he did not die she would kill herself. Her family did not take the threats seriously.
On the morning of 26 June 2017, together with her daughter and grandchildren, Ms Momoisea left home taking a large knife with her. She and her daughter took the children to school and then Ms Momoisea went on alone to the deceased’s address, but he was not home. She went to the town centre where she encountered the wife of her pastor to whom she told her…
Continue reading Momoisea v R
Sign in free to access the full text
- AGLC
- Momoisea v R [2019] NZCA 528
- Case
- [2019] NZCA 528
- Decision Date
CaseChat Overview and Summary
The final orders of the Court of Appeal were that the application for an extension of time to appeal was granted and the appeal was dismissed.
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.