R v Brown - [2023] NZHC 1267

NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF MS T OTHER THAN RELATIONSHIP TO MR BROWN AND VIS A VIS DECEASED AS “CAREGIVER” PROHIBITED UNTIL FURTHER ORDER OF THE COURT.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-092-8669

[2023] NZHC 1267

THE KING

V

TYSON BROWN

Hearing: 26 May 2023

Appearances:

L P Radich and T C T Riley for Crown L B Cordwell for Defendant

Sentence:

26 May 2023

SENTENCE OF JOHNSTONE J

Solicitors:
Kayes Fletcher Walker, Auckland

R v TYSON BROWN [2023] NZHC 1267 [26 May 2023]

Preliminary

[1] Arapera Fia was a two and a half-year old girl. She should have been loved, and nurtured, by everyone who had the opportunity to be with her.

[2]Tyson Brown, it is my task to sentence you for the crime of murdering Arapera.

[3] I am going to take some time to let you and the other people here in Court know the reasons for the sentence I have chosen. I will ask you to stand up when it comes time for me to impose that sentence.

Offending

[4]First, I will describe your offending.

[5] By mid-2021 Arapera’s [caregiver] rented a house for herself and Arapera in Weymouth.

[6] Mr Brown, you had known Ms T some years before. Contact was re-established. After initial reticence on your part about engaging in [the relationship], you commenced to spend more time with Ms T, staying nights occasionally in the Weymouth home.

[7] In mid-August 2021 New Zealand moved into full lockdown under Level 4 of the Covid-19 alert system. Auckland moved only to Alert Level 3 in early October 2021, and remained there for many weeks. You were still residing at your mother’s home, but now staying frequently at the Weymouth house. Numerous people saw and heard you interacting with Arapera. For example, a neighbour heard you screaming and swearing at her, telling her to be quiet or else she would “get it”. And Kiana Funaki and Jacob Hansen, a young couple who were staying in a sleep-out behind the main house, would occasionally hear yelling and banging from within the house, Arapera crying, and you, Mr Brown, yelling at her and telling her to “shut up”. Ms Funaki and Mr Hansen recalled a particular episode in mid-October 2021 when they entered the main house to make some food and from the kitchen could hear you, yelling at Arapera as she cried in her bedroom.

[8] On the morning of 26 October 2021, Ms Funaki entered the main house from the sleep-out, to find Arapera in the living area on her own. Ms Funaki noticed and took photographs of bruising to Arapera’s body in various places. Other photographs taken of Arapera during the period 25 October to 27 October 2021 appear to show other soft tissue injuries. I do not, however, find that it had to be you who caused those injuries. There is a real prospect of at…

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 Brown

Details

AGLC: R v Brown [2023] NZHC 1267
Case: [2023] NZHC 1267
Decision Date: 26 May 2023

CaseChat Overview and Summary

In the High Court of New Zealand, Tyson Brown was sentenced for the murder of Arapera Fia, a two and a half-year-old girl. Brown had been in a relationship with Arapera's caregiver and had been living with them for some time. Brown had a history of mistreating Arapera, including verbal abuse and making unrealistic demands of her. On 31 October 2021, Brown assaulted Arapera, causing fatal injuries. The court found that Brown's actions were cruel, manipulative, and demonstrated a lack of responsibility towards Arapera.

The legal issues in this case were whether a sentence of life imprisonment was required and, if so, what the minimum period of imprisonment should be. The court found that a sentence of life imprisonment was necessary, given the brutal and callous nature of the crime, and the vulnerability of the victim. However, the court also considered Brown's age, background, and lack of previous convictions when determining the minimum period of imprisonment.

The court decided on a minimum period of imprisonment of 15 years, taking into account both the aggravating and mitigating factors of the case. The court found that while Brown's actions were reprehensible, his age, background, and lack of previous convictions warranted a slightly reduced sentence. The court emphasized the importance of holding Brown accountable for his actions, denouncing his conduct, and deterring others from committing similar offences.

In conclusion, Tyson Brown was sentenced to life imprisonment with a minimum period of imprisonment of 15 years for the murder of Arapera Fia. The court found that this sentence was appropriate, taking into account both the aggravating and mitigating factors of the case, and ensuring that Brown is held accountable for his actions while also considering his age and background.

Orders