R v Ahsin

[2015] NZHC 1884

IN THE HIGH COURT OF NEW ZEALAND WANGANUI  REGISTRY

CRI-2008-083-2794 [2015] NZHC 1884

THE QUEEN

v

JAMIE NGAHUIA AHSIN

Hearing:	11 August 2015
Counsel:	L C Rowe for Crown (via AVL) C W J Stevenson for Ahsin
Sentence:	11 August 2015

SENTENCING NOTES OF DOBSON J

[1]       Ms Ahsin,  I  have  now  to  sentence  you  for  your  part  in  the  killing  of Paul Kumeroa  in  Wanganui  back  on  23 September  2008.    You  were  originally convicted  with  three  others  of  murdering  Mr Kumeroa,  but  that  conviction  was subsequently quashed by the Supreme Court.

[2]      The Crown has laid a fresh charge of murder but indicated its preparedness to accept a plea of guilty to the lesser charge of manslaughter.  I consider that course is appropriate, and I was comfortable providing you with a sentence indication that you sought last month to indicate what the likely sentence would be if you pleaded guilty to the alternative charge of manslaughter, which you have done this morning.

[3]      In giving you that indication I analysed the factors that would influence a sentence on your manslaughter conviction, and both your counsel and the Crown are

content for me to complete the sentencing on the basis of that analysis. Accordingly,

R v AHSIN [2015] NZHC 1884 [11 August 2015]

the transcript of my sentencing indication is attached to the notes of this sentencing and I will deal with the relevant issues relatively briefly because the detail I provided last time is still available.

[4]      As to your conduct relevant to the charge, your partner, Daniel Rippon, and the other male assailant, Mr McCallum, were members of the Black Power gang. You and the other female involved also identified with Black Power.  During the day on 23 September 2008, you and Mr McCallum had a confrontation of sorts with a Mongrel Mob member at a Wanganui supermarket.  That stirred up your group to show your anger to those that might identify with the Mongrel Mob.  Later in the day your group aggressively confronted and threatened members of the public at a site near the mouth of the Whanganui River, and then at a residential address in Gibbons Crescent in Wanganui. You were all socialising and alcohol was being consumed.

[5]      The attack on Mr Kumeroa occurred when he was walking down Cross Street late that night.   Mr Kumeroa had been drinking and had parted company from his partner.  Sadly, he was wearing a red hoodie, that being the colour which is generally associated with the Mongrel Mob, although he had no association with that rival gang.

[6]      You and the three co-defendants were in a car travelling down Cross Street and you were the driver.   When you saw Mr Kumeroa, you executed a U-turn to enable Messrs Rippon and McCallum to get out of the car in close proximity to Mr Kumeroa, and they then launched into an attack on him.   Entirely unprovoked and undeserved.

[7]      Although initially only with their fists and boots, at one point Mr McCallum went back to the car and got some form of short axe and resumed the attack on Mr Kumeroa using it.  Predictably, Mr Kumeroa suffered severe injuries and he died some days later.

[8]      It has been submitted on your behalf that you urged the men to stop beating

Mr Kumeroa before the attack escalated.   You drove the others from the scene,

leaving Mr Kumeroa very obviously seriously injured on the ground and in need of urgent medical assistance.

[9]      When  I gave  you an indication of the sentence I would impose for this manslaughter conviction, I urged you to consider the victim impact statements that have recently been prepared by members of Mr Kumeroa’s whanau.  As you have now heard this morning from Caroline and Victoria Kumeroa, they still feel his loss as a son, a brother, partner and a father.   Their loss is obviously permanent and obviously a huge one.

[10]     In giving you the sentence indication, I described how I identified a starting point by comparing the relative seriousness of this with other cases.  I weighed the competing arguments urged for you by Mr Stevenson and on behalf of the Crown, and I arrived at a starting point on your manslaughter conviction of five years’ imprisonment.   I have not been advised of anything further since then that would require me to adjust that starting point, either up for aggravating features that make it worse, or down for mitigating features that require me to see it less seriously.  I then indicated I would give you a discount for your guilty plea of 25 per cent, and that was agreed by the Crown and is appropriate, which results in an end sentence of three years and nine months’ imprisonment.

[11]     Jamie Ngahuia Ahsin, I now sentence you to a term of three years and nine

months’ imprisonment. You may stand down.

Dobson J

Solicitors:

Crown Solicitor, Wanganui