Counsel: S W Hughes QC for Appellant Pahau
J B M Henderson for Appellant Brown
A R H Laurenson and H A Froude for Appellant Edmonds
J C Hannam for Appellant Fenton
J C Pike and M J Inwood for Respondent

Judgment: 11 April 2011 at 2.30 pm

JUDGMENT OF THE COURT

The appeals by all appellants against conviction and sentence are dismissed.

REASONS OF THE COURT
(Given by Ellen France J)

Table of Contents

Para No.

Introduction  [1]
Factual background  [8]
The decision not to give a reliability warning  [18]
Mr Murray’s evidence  [20]
Discussion  [22]
Conviction appeals – Messrs Edmonds, Brown and Fenton  [46]
Mr Pahau’s sentence appeal  [62]
The approach taken by the Judge  [63]
Discussion  [67]
Mr Edmonds’ sentence appeal  [78]
Mr Fenton’s sentence appeal  [81]
Mr Brown’s sentence appeal  [91]
Postcript on the manslaughter sentences  [96]
Disposition  [99]

Introduction

Peri Niwa died on 15 November 2008 in New Plymouth as a result of a stab wound inflicted by Matiu Pahau. His death occurred after he and his associates were pursued by Mr Pahau and the other appellants, all of whom were patched members of the Taranaki Black Power gang.
All of the appellants were charged with the murder of Mr Niwa. Their liability depended on the application of s 66(2) of the Crimes Act 1961. They were also all charged with participation in an organised criminal group and with the commission of a crime with a firearm. After trial, Mr Pahau was convicted of murder and the other appellants of manslaughter. Messrs Pahau, Edmonds and Brown pleaded guilty in relation to participation in an organised criminal group with the specific purpose of inflicting serious violence and Mr Fenton was convicted of that offence at trial. All were convicted in relation to the commission of a crime with a firearm.
Mr Pahau was sentenced by the trial Judge, Asher J, to life imprisonment with a minimum period of imprisonment (MPI) of 17 years. Mr Edmonds was sentenced to 14 and a half years imprisonment with an MPI of nine years. Both Messrs Brown and Fenton were sentenced to 11 years imprisonment with MPIs of five and a half years.
Mr Pahau appeals against his conviction for murder and against sentence. The other appellants appeal against their manslaughter convictions and against sentence.
Mr Pahau’s conviction appeal raises an issue about Asher J’s decision[1] not to give a warning about the need for care in assessing the reliability of the evidence of Ricky Murray.[2] Mr Murray was a fellow Black Power member. He was initially charged along with the appellants but the charges against him were dropped just prior to depositions when he agreed to testify against the others.
[1] Under s…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Pahau v R

Details

AGLC: Pahau v R [2011] NZCA 147
Case: [2011] NZCA 147
Decision Date: 11 April 2011

CaseChat Overview and Summary

The appellants appealed against their convictions and sentences. The first appellant, Mr Pahau, appealed against his conviction of murder and his sentence of life imprisonment with a minimum period of imprisonment (MPI) of 17 years. The other appellants appealed against their convictions of manslaughter and their sentences. The Court found that Mr Pahau’s appeal against his conviction of murder had no prospect of success and dismissed it. The Court also dismissed the appeal of the other appellants against their convictions of manslaughter. The Court found that the sentence imposed on Mr Pahau was not manifestly unjust and dismissed his appeal against sentence. The Court also dismissed the sentence appeals of the other appellants. The Court held that the sentences imposed on the other appellants were within the available range and dismissed their appeals against sentence.

Orders