R v Bunt - [2012] NZHC 1288

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI-2011-019-003439 [2012] NZHC 1288

THE QUEEN

v

JOHN TOKOROA BUNT

Hearing: 6 June 2012

Counsel: PP Crayton for the Crown
K Burroughs for the prisoner

Judgment: 6 June 2012

SENTENCING NOTES OF ASHER J

Solicitors/Counsel:
Crown Solicitor, DX GP 20023, Hamilton. Email: rgd@almaodouch.co.nz and ppc@almaodouch.co.nz
K Burroughs, PO Box 19307, Hamilton. Email: kerryburroughs@me.com

R V BUNT HC HAM CRI-2011-019-003439 [6 June 2012]

Introduction

[1] John Tokoroa Bunt, you have pleaded guilty to the murder of Wiremu Awa on

19 April 2011 at Huntly. It is now my task to sentence you. I begin by going through the facts.

Facts

[2] In April 2011 you were in a relationship with Te Hokingamai Moana who is the daughter of the deceased, Mr Awa. Your relationship had been on and off for approximately four years and you had a one year old son. You had a poor relationship with the deceased, Mr Awa, her father. There were some clear feelings of animosity between you and I am informed that in September 2008 Mr Awa was convicted of possession of an offensive weapon for offending which related to you and that he was sentenced to three months’ imprisonment for that. You have recounted being threatened by him with a knife.

[3] On the night of 19 April 2011 at approximately 8 o’clock you had been at a friend’s place in Shaw Street. You had been drinking and say you were drunk. You had gone to get some more cans of beer and you were returning in the direction of Shaw Street. On the way there you saw Mr Awa walking along. You are reported to have been in a rather confrontational mood. You had been with your friend but you had separated from him and you walked through a grass alleyway into a reserve area near to where the deceased, Mr Awa, was walking from the direction of the rail tracks towards Central and Shaw Streets. You shouted some abuse at Mr Awa and you then attacked him.

[4] Mr Awa tried to defend himself but you punched him to the ground. You then jumped on top of him and punched his face repeatedly. You then got up, with Mr Awa still being on the ground, and stomped on his head and on his face four to six times. These blows left Mr Awa unconscious.

[5] You then went back on your own to the place where you had been previously drinking and you went into the kitchen. There was a knife on the kitchen bench and

you picked it up. At that moment you must have decided that you were going to attack Mr Awa with that knife because you then went back to where he was.

[6] By this time Mr Awa had recovered a little from your attack; he was coming around and was on his knees. It seems as if he was still semi-unconscious. You came up behind him and took…

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 Bunt

Details

AGLC: R v Bunt [2012] NZHC 1288
Case: [2012] NZHC 1288
Decision Date: 6 June 2012

CaseChat Overview and Summary

John Tokoroa Bunt was convicted of the murder of Wiremu Awa, who was attacked and killed by Bunt on 19 April 2011. Bunt pleaded guilty to the murder before the start of his trial. Bunt had a history of animosity with Awa, who was the father of Bunt’s partner. Bunt had been drinking on the night of the murder and encountered Awa, who was walking along a street. Bunt attacked Awa, punching him to the ground and stomping on his head until he was unconscious. Bunt then retrieved a knife from his home and returned to the scene, where he killed Awa by repeatedly sawing his throat. Bunt covered the body and attempted to hide it before eventually being arrested for the murder. Bunt admitted to the crime in a recorded confession and showed genuine remorse. The primary legal issue for the court to decide was the appropriate minimum term for Bunt's life sentence. The court considered the aggravating factors of the crime, including the unprovoked attack, use of a weapon, and the brutality of the act. However, the court also considered mitigating factors, such as Bunt's guilty plea, genuine remorse, and his otherwise good character. The court found that while the crime warranted a 17-year minimum term, it would be manifestly unjust to impose such a term given the mitigating factors. The court ultimately decided on a 14-year minimum term, balancing the need for denunciation and deterrence with the mitigating factors present in Bunt's case.

Orders