Police v Filipo - [2016] NZHC 2620

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2016-485-000080 [2016] NZHC 2620

BETWEEN
NEW ZEALAND POLICE

Appellant

AND

LOSI FILIPO Respondent

Counsel:
S Carter for Appellant

N J Sainsbury for Respondent

Sentence:

2 November 2016

NOTES ON SENTENCE OF COLLINS J

[1] Mr Filipo, you appear for sentencing today having pleaded guilty to the following four charges:

(1)      one charge of injuring with reckless disregard;1 (2)      one charge of assault with intent to injure;2 and (3)      two charges of male assaults female.3
[2]      In sentencing you today I shall: (1)      describe your offending;
(2)      explain your personal circumstances;

1      Crimes Act 1961, s 189(2).
2      Section 193.
3      Section 194(b).

NEW ZEALAND POLICE v FILIPO [2016] NZHC 2620 [2 November 2016]

(3)explain the starting point to the sentence that I am proposing to impose;

(4) explain the adjustments which I will make to the starting point; and

(5) explain your end sentence.

Your offending

[3] At 2.00 am on 11 October 2015, a violent incident occurred in a central

Wellington street. The incident was started by you and your brother, Sam Filipo.

[4] The four victims were two women and two men of a similar age to you and your brother.

[5] The four victims were walking along a footpath. You and Sam were on the opposite side of the road. You and Sam crossed the road at which point Sam yelled to the victims. They ignored him and kept walking. You and Sam followed the victims challenging them to a fight. The victims said they did not want to fight.

[6] You then stood in front of Gregory Morgan, the first victim. You grabbed him by the collar with one hand and with your other fist you punched him to the ground. Gregory Morgan was knocked unconscious. While he lay on the ground you stomped on his head about four times.

[7] You then shoved Olivia Samuel, the second victim in her throat causing her to lose balance and fall to the ground. The third victim, Kelsey Odell, was then struck on her chin by you and she fell to the ground.

[8] By this stage Sam had been fighting with the fourth victim, Hayden Williams. There was a pause in their fighting, after which Sam grabbed Hayden Williams and partly restrained him while you punched Hayden Williams in the head.

[9] Gregory Morgan was taken to hospital by ambulance and kept there until later that morning. His victim impact statement explains he had to take six months off work. He suffered bruising, scratches and severe concussion.

[10] Olivia Samuel received bruising to her throat and a sore neck and collarbone. She had to take a day off work.

[11] Kelsey Odell received a scar on her chin, a deep cut inside her mouth and a swollen jaw. She states in her victim impact report that the scar on her chin has caused her to lose confidence in her work as a part-time model. She has had to…

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 Police v Filipo

Details

AGLC: Police v Filipo [2016] NZHC 2620
Case: [2016] NZHC 2620
Decision Date: 2 November 2016

CaseChat Overview and Summary

The High Court of New Zealand was asked to sentence Losi Filipo after he pleaded guilty to four charges including injuring with reckless disregard, assault with intent to injure, and two counts of male assaults female. The sentencing judge considered the details of the incident, which involved Filipo and his brother assaulting four people, and the impact on the victims. The court also examined Filipo's personal circumstances, including his young age, lack of prior convictions, and his efforts to rehabilitate himself through counselling, community work, and financial reparation.

The legal issues before the court involved determining an appropriate starting point for the sentence, considering aggravating and mitigating factors, and selecting an appropriate community-based sentence. The judge identified the lead offence as injuring with reckless disregard due to the severity of the attack on one victim, which included stomping on his head while he was unconscious. The court acknowledged several aggravating factors, such as the head injuries inflicted and the vulnerability of the victims, but also recognised mitigating factors including Filipo's age, his first-time offending status, his proactive steps towards rehabilitation, and his guilty plea.

The judge concluded that a community-based sentence was appropriate, considering the mitigating factors and the need for deterrence and rehabilitation. The sentence imposed was nine months of supervision with special conditions, concurrent with six months of supervision for the other charges. The court also ordered that the $1,000 paid by Filipo be given to the victims as reparation. The judge emphasised that the sentence aimed to hold Filipo accountable, provide for the victims, deter future offending, and assist in his rehabilitation.

Orders