Hearing: 5 September 2014

Appearances:

W Cathcart, A Longdill and H Musgrave for the Crown
P Hamlin for Defendant Afamasaga
M Pecotic for Defendant Banaba
M Wharepouri for Defendant Makalima
M Clark and E Davis for Defendant Edgar Laloni
A Holland for Defendant Sosaia Laloni
G Gotleib for Defendant Lachmaiya

Sentence:

5 September 2014

SENTENCING REMARKS OF WOOLFORD J

R v CALEB ELI AFAMASAGA KEVIN TERRENCE BANABA JOSHUA MAKALIMA EDGAR LALONI SOSAIA LALONI SAMUEL LACHMAIYA [2014] NZHC 2142 [5 September 2014]

Introduction

[1] Gentlemen, you each appear today for sentence on convictions entered against you following the death of Mr Daniel Turner and the shooting of Mr Jason Mataio on 18 December 2012 at Afton Place, Ranui. Save for the guilty pleas entered by Mr Samuel Lachmaiya, you were each found guilty by jury verdict returned on 3 July 2014 after a five week trial.

[2] Mr Caleb Afamasaga and Mr Kevin Banaba, you were found guilty of the murder of Mr Turner and of wounding Mr Mataio with intent to cause grievous harm to him. Mr Joshua Makalima, you were found guilty of the manslaughter of Mr Turner. Mr Edgar Laloni and Mr Sosaia Laloni, you were each found guilty of being an accessory after the fact to the murder of Mr Turner. Mr Lachmaiya, one week before trial you pleaded guilty to being an accessory after the fact to the murder of Mr Turner and to one charge of possessing a firearm on 16 December
2012.

[3] In addition to those charges each of you, except Mr Afamasaga, appear for sentence on one representative charge of selling cannabis to which you pleaded guilty in the District Court on 22 July 2014. I now formally enter convictions against you all except for Mr Afamasaga on that charge.

Background

[4] Mr Afamasaga, Mr Banaba and Mr Makalima, you are patched members of the King Cobra gang. At the time of the shooting on 18 December 2012 you, Mr Afamasaga, were a prospect of the gang, but you have since become a patched member. The victim, Mr Turner, was the leader of a rival group. Two days before the shooting a confrontation between the groups occurred at Kingsdale Reserve. There you, Mr Afamasaga and Mr Makalima, were humiliated when, outnumbered by the opposing group, you were forced to run away from a fight. That incident was part of rising tensions between the two groups around this period.

[5] The Crown’s theory at trial was that you two and Mr Banaba formed a plan

on the evening of 16 December to exact retribution on Mr Turner, who had stepped

forward as leader of the opposing group, by shooting him. The plan was initially to shoot up Mr Turner’s house with a .22 calibre rifle to which you had access. Text message records…

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 R v Afamasaga

Details

AGLC: R v Afamasaga [2014] NZHC 2142
Case: [2014] NZHC 2142
Decision Date: 5 September 2014

CaseChat Overview and Summary

The case of R v Afamasaga involved sentencing for multiple defendants convicted in connection with the death of Mr Daniel Turner and the shooting of Mr Jason Mataio at Afton Place, Ranui. Caleb Eli Afamasaga, Kevin Terrence Banaba, Joshua Makalima, Edgar Laloni, Sosaia Laloni, and Samuel Lachmaiya were convicted following a five-week trial. The defendants were found guilty of various offences, including murder, manslaughter, being an accessory after the fact to murder, and selling cannabis. The court considered the purposes and principles of sentencing, including the nature and circumstances of the offending, the defendants' personal circumstances, and the need for deterrence and accountability. The court imposed sentences ranging from life imprisonment for the principal offenders to home detention for some of the accessory defendants. The court also took into account the impact on the victims and their families, the defendants' remorse, and their prospects for rehabilitation.

Orders