R v Fane - [2021] NZHC 1961

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CRI 2020-009-001480

[2021] NZHC 1961

THE QUEEN

v

SAMUEL DEANE FANE AND

SARAH LEE FAIRLANE HINERANA TAREI

Hearing:
03 May – 06 May 2021

10 May – 14 May 2021
17 May – 18 May 2021
20 May – 21 May 2021

Counsel:

A J Pollett and J M Sutton for the Crown S J Lance and S N B Wimsett for Mr Fane D J Dufty for Ms Tarei

Sentencing

30 July 2021 at Rotorua

SENTENCING NOTES OF VAN BOHEMEN J

Solicitors/Counsel:
Crown Solicitor (Pollett Legal Limited) Tauranga S J Lance, Barrister, Auckland
D J Dufty, Barrister, Auckland
S N B Wimsett, Barrister, Auckland

R v FANE & TAREI (Sentencing Notes) [2021] NZHC 1961 [30 July 2021]

Introduction

[1] Samuel Fane and Sarah Lee Tarei, on 24 May 2021, a jury in Tauranga found you, Samuel Fane, guilty of the murder of Paul Lasslett and Nicholas Littlewood and you, Sarah Lee Tarei, guilty of being an accessory after the fact to those murders. I entered convictions accordingly and gave you, Mr Fane, a first strike warning.

[2] My task today is to sentence you both. So that you and others in Court understand what is to happen this morning, I will explain the process I will follow.

(a)First, I will outline the circumstances of your offending and will discuss some of the evidence at the trial;

(b)Secondly, I will make findings about Samuel’s role in the murders of Paul Lasslett and Nicholas Littlewood and about Sarah Lee’s role in assisting Samuel to avoid arrest after the murders;

(c)Thirdly, I will consider your personal circumstances relevant to the sentences;

(d)Fourthly, I will explain the approach to setting the sentences and discuss the requirements of the Sentencing Act 2002 as they apply in this case;

(e)Finally, I will impose the sentences I consider appropriate.

The circumstances of your offending

[3] On the evening of 9 February 2020, Anthony Fane, Samuel Fane’s older brother, killed his partner, Jessie-Lee Booth, while their two young children were asleep at their home at Lynwood Place in Tauranga. Anthony believed Jessie-Lee had been having an affair with Paul Lasslett, the owner of a property at 40A Ormsby Lane, Omanawa, where Anthony and Jessie-Lee had previously lived.

[4] Anthony Fane killed Jessie-Lee with across bow, left her body on the floor of their house, put their two children into his car and drove to his mother’s house in Auckland, arriving in the early hours of 10 February 2020. He left the children in the

care of his mother, Donna Fane, and spent much of that day in the company of his brothers, Jesse Fane and Samuel. Anthony told Jesse that he intended to kill Paul Lasslett. He also told Jesse that he had intended to go alone but that Samuel insisted on coming with him.

[5] On 11 February 2020, Anthony and Samuel drove from Auckland to Tauranga in…

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 Fane

Details

AGLC: R v Fane [2021] NZHC 1961
Case: [2021] NZHC 1961
Decision Date: 30 July 2021 at Rotorua

CaseChat Overview and Summary

Samuel Fane and Sarah Lee Tarei were found guilty of their respective roles in the murders of Paul Lasslett and Nicholas Littlewood. The legal issues before the court included determining the exact roles of Fane and Tarei in the murders, and setting appropriate sentences that balanced accountability, deterrence, and rehabilitation. The court concluded that Fane was a party to the murders and imposed a life sentence with a minimum term of 17 years, considering his culpability and the premeditated nature of the crime. Tarei, found guilty of assisting Fane to avoid arrest, received a sentence of home detention for 9 months, taking into account her involvement and the need to protect her child. The court emphasized the importance of upholding the law while also considering the personal and cultural backgrounds of the offenders.

Orders