| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA135/2015 [2016] NZCA 174 |
| BETWEEN | WITERI AHOMIRO NEKETAI |
| AND | THE QUEEN |
| Hearing: | 12 April 2016 |
Court: | French, Asher and Williams JJ |
Counsel: | C J Tennet for Appellant |
Judgment: | 5 May 2016 at 10.00 am |
JUDGMENT OF THE COURT
The appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by French J)
Introduction
Mr Neketai was convicted at trial of murder and sentenced by Brewer J to life imprisonment.[1] On appeal, this Court substituted the murder conviction with a conviction for manslaughter and remitted the case to the High Court for sentencing on manslaughter.[2]
At the re-sentencing, Brewer J sentenced Mr Neketai to preventive detention with a minimum period of imprisonment of six years.[3]
[3]R v Neketai [2015] NZHC 396 [Sentencing notes].
Mr Neketai now appeals the sentence of preventive detention. He accepts manslaughter is a qualifying offence for preventive detention but submits in the circumstances the appropriate sentence was a finite sentence in the vicinity of five years’ imprisonment.
The facts of the manslaughter offending were that Mr Neketai agreed to act as an enforcer for a serving prisoner and recover an alleged drug debt. On 5 October 2011, he went to the alleged debtor’s home. When the victim refused to pay, Mr Neketai struck him with such force that the 109 kg victim flew backwards and hit his head on a concrete driveway as he landed. As the victim lay on the ground, Mr Neketai kicked him in the head. Mr Neketai texted the man who had given him the instructions saying the victim was “in a Coma cuz jst for you” and may be left “a vege”.
The victim died in hospital 11 days later.
High Court sentencing
In accordance with standard practice, Brewer J first determined what the appropriate finite sentence would be. After considering the aggravating features of the offending, he adopted a starting point of 12 years’ imprisonment, which he increased by 12 months on account of Mr Neketai’s criminal history of violent offending. The Judge then applied discounts for Mr Neketai’s guilty plea (10 per cent) and for totality having regard to the fact Mr Neketai was already serving prison sentences for other offending.
The Judge concluded that if he were to sentence Mr Neketai to a finite prison sentence, it would be for a period of nine years with a minimum period of imprisonment of six years.
Having reached that conclusion, the Judge then turned to consider preventive detention and addressed each of the factors he was required to take into account under s 87(4) of the Sentencing Act 2002.
Any pattern of serious offending disclosed by offender’s history
The Judge concluded that Mr Neketai’s criminal history did disclose a pattern of serious violent offending. In support of that conclusion, the Judge relied on convictions for violent offending that…
Continue reading Neketai v The Queen
Sign in free to access the full text
- AGLC
- Neketai v The Queen [2016] NZCA 174
- Case
- [2016] NZCA 174
- Decision Date
CaseChat Overview and Summary
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.