R v Epiha - [2021] NZHC 3394

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-090-002497

[2021] NZHC 3394

THE QUEEN

v

ELI BOB SAUNI EPIHA

Hearing: 10 December 2021

Appearances:

B Dickey, A McClintock and N Herewini for Crown M A Edgar and V J Feyen for Defendant

Sentencing:

10 December 2021

SENTENCING NOTES OF VENNING J

Solicitors: Meredith Connell, Auckland
M Edgar and V J Feyen, Auckland

R v EPIHA [2021] NZHC 3394 [10 December 2021]

[1] Eli Epiha, you are before the Court this morning for sentence for the murder of Constable Matthew Hunt, the attempted murder of Constable David Goldfinch and for driving dangerously and injuring Mr Mohammed Sattar.

[2] The sentence for murder in New Zealand is life imprisonment. That is the sentence the Court will impose. The issue for the Court this morning is whether you should serve that sentence without parole, in other words, a whole of life sentence, or if that would be manifestly unjust. If it would be manifestly unjust, then the Court must impose a minimum period you are to spend in prison before you are eligible to be considered for parole.

[3] Before I deal with the sentencing in more detail, I want to first acknowledge the people in the courtroom and watching this sentence. First, the family and supporters of Constable Hunt. The sentence of the Court today is imposed on behalf of society as a whole in response to Mr Epiha’s actions. It is not an attempt to measure or value Constable Matthew Hunt’s life. It could never be.

[4] Next, Constable Goldfinch, and his family and supporters. I acknowledge the dignity that you and Constable Hunt’s family and supporters have shown throughout the trial and this sentencing. I also acknowledge the Police colleagues of Constables Hunt and Goldfinch who have felt the loss of Constable Hunt and have supported his family and Constable Goldfinch and his family.

[5] I also acknowledge the whanau and other supporters of Mr Epiha. It must have been difficult for you Mrs Epiha in particular (and other members of your whanau) to hear the details of Mr Epiha’s actions on 19 June last year. It will be important for him that over the term of the sentence he must serve that you continue to support him.

[6] Mr Epiha, I start by summarising the offending. On 19 June 2020 Constables Hunt and Goldfinch were on road policing duties on Triangle Road in West Auckland. The Toyota Verosa you were driving approached an intersection with Triangle Road. You had to brake the Toyota at the last moment to avoid a truck coming down the road. Your driving drew you to their attention. They decided to follow the Toyota and speak to the driver. You realised that the Police were following you. You turned into

Reynella Drive and sped away. There is no doubt you were trying to avoid the officers and get away. You knew you had two illegal…

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 Epiha

Details

AGLC: R v Epiha [2021] NZHC 3394
Case: [2021] NZHC 3394
Decision Date: 10 December 2021

CaseChat Overview and Summary

Eli Epiha was sentenced for the murder of Constable Matthew Hunt, the attempted murder of Constable David Goldfinch, and for driving dangerously and injuring Mr Mohammed Sattar. The court acknowledged the victims and their families, and the impact the defendant's actions had on them. The defendant's culpability was assessed, and an appropriate starting point for the minimum period of imprisonment (MPI) was determined to be 24 years. The court considered the totality of the defendant's offending and adjusted the MPI to 29 years. Personal aggravating and mitigating factors were taken into account, resulting in a final MPI of 27 years. The court determined that a whole life sentence would be manifestly unjust due to the defendant's age and other personal circumstances. The defendant was sentenced to imprisonment for life for the murder of Constable Hunt, with a minimum period of imprisonment of 27 years, 12 years for the attempted murder of Constable Goldfinch, and one year for driving dangerously causing injury to Mr Sattar.

Orders