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…

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 Ahsin

Details

AGLC: R v Ahsin [2015] NZHC 1884
Case: [2015] NZHC 1884
Decision Date: 11 August 2015

CaseChat Overview and Summary

In the High Court of New Zealand, Judge Dobson sentenced Jamie Ngahuia Ahsin for her role in the killing of Paul Kumeroa in Wanganui on 23 September 2008. Ahsin, originally convicted of murder, had her conviction quashed by the Supreme Court. Subsequently, the Crown charged her with murder but agreed to accept a plea of guilty to manslaughter. Ahsin pleaded guilty to manslaughter, and the court proceeded to sentence her on this charge.

The legal issues before the court involved determining an appropriate sentence for Ahsin's manslaughter conviction. This required consideration of various factors, including the nature of Ahsin's involvement in the killing, the circumstances leading up to the incident, and the impact on the victim's family. The court had to balance these factors to arrive at a sentence that was both fair and commensurate with the gravity of the offence.

The court considered the circumstances of the killing, noting that Ahsin, along with others, had a confrontation with a Mongrel Mob member earlier in the day. This led to a series of aggressive encounters, culminating in the attack on Mr. Kumeroa, who was wearing a red hoodie but had no association with the Mongrel Mob. Ahsin drove the car that facilitated the attack, and while she claimed to have urged the attackers to stop, she did not intervene herself. After the attack, she left the scene, leaving Mr. Kumeroa seriously injured. The court also took into account the victim impact statements, highlighting the profound loss felt by Mr. Kumeroa's family. Based on these considerations, the court set a starting point for the sentence at five years’ imprisonment, applying a 25% discount for the guilty plea, resulting in a final sentence of three years and nine months’ imprisonment.

The court ordered that Jamie Ngahuia Ahsin be imprisoned for a term of three years and nine months for her manslaughter conviction.

Orders