Hearing: 2 September 2016

Counsel:

D J Orchard for the Crown
P J Shamy and A McCormick for the Defendant Tihi
J R Rapley for the Defendant Reuben
K H Cook for the Defendant Betham

Date:

6 September 2016

SENTENCING NOTES OF NATION J

[1] Mr Tihi, Mr Reuben and Mr Betham, you may all be seated.

[2] Mr Tihi, you appear for sentencing for the murder of Mr Benton Parata. Mr Betham and Mr Reuben, you appear for sentencing having been found guilty of manslaughter of Mr Parata.

[3] I have read all submissions. You have probably had a copy of them and know your position, through your counsel, and that of the Crown. My sentencing notes will record the names of cases that I have considered but will not necessarily refer to
in this Court in what I have to say now.

R v BETHAM, REUBEN & TIHI [2016] NZHC 2107 [6 September 2016]

Victim impact report

[4] I have carefully read and this morning listened to the victim impact reports provided to me so eloquently by members of Mr Parata’s whānau. Mr Parata was obviously part of a large family who loved him, respected him and who depended on him. They had the pain of being with him over the days when he was in hospital, desperately wanting him to come back to them, but ultimately having to accept that he never could. Their on-going grief and the devastating impact Benton Parata’s death has had on them are best left as they described them. But I do recognise and want to thank you for what you have told me and also what you have told these men.

[5] I will say now that you are all going to be serving sentences of imprisonment. All three of you have real struggles ahead of you if you are going to make a real change in your life and avoid spending much more of it in prison. When you have those struggles, I urge you to think about what you heard today and the effect that your offending had on people, in some ways, at some stage, they could have been families like yours. Think of that and use it as a way of obtaining strength to ensure that you can make real changes in your lives.

[6] At the time of his death, Mr Parata was serving a short sentence of imprisonment for driving offences. He had the potential to be released on home detention. Perhaps there is some solace for you as his family to know that, in that time, he conducted himself with mana. He was his own man, not beholden to anyone else. He showed consideration towards other older prisoners who were fearful for their own safety. Some days prior to the fatal attack, he came to the aid of an older prisoner…

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 Betham

Details

AGLC: R v Betham [2016] NZHC 2107
Case: [2016] NZHC 2107
Decision Date: 6 September 2016

CaseChat Overview and Summary

In the High Court of New Zealand Christchurch Registry, the defendants Steven Betham, Levi Reuben, and Tihi were convicted of the murder and manslaughter of Benton Parata. The court assessed the appropriate sentences for the defendants, taking into account the gravity of the offence, individual culpability, and the principles of sentencing. The court sentenced Steven Tihi to life imprisonment with a minimum non-parole period of 13 years for murder, Levi Reuben to seven years and eight months imprisonment with a minimum term of four years for manslaughter, and Levi Betham to six years imprisonment for manslaughter. The court also provided first strike warnings for serious violent offending to all three defendants.

Orders