IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2019-004-1413
[2020] NZHC 1893
THE QUEEN v
BENNY PENI FATU DON IOSEFA EKEROMA
Hearing: 31 July 2020 Appearances:
B D Tantrum and S S McMullan for the Crown G J Newell and DMM Dickinson for Mr Fatu L B Cordwell and E I Haronga for Mr Ekeroma
Date of sentence:
31 July 2020
SENTENCING NOTES OF JAGOSE J
Solicitors/Counsel:
Meredith Connell, Crown Solicitor, Auckland G J Newell Barrister, Auckland
DMM Dickinson Barrister, Auckland L B Cordwell Barrister, Auckland
E I Haronga Barrister, Auckland
R v FATU and EKEROMA [2020] NZHC 1893 [31 July 2020]
[1] Mr Fatu, Mr Ekeroma, as you know, I now am to sentence you on your convictions for manslaughter,1 and aggravated robbery.2 In sentencing you, I must accept as proven all facts that are essential to your pleaded or proven guilt.3
[2] I have considered what counsel have had to say, both for you and for the Crown. They recommend a starting point for your imprisonment of 10 to 12 years , with a variety of uplifts and discounts, credits to reflect factors personal to each of you.
[3] I am not bound by their recommendations. I must satisfy myself of the appropriate sentence for the gravity – the seriousness – of your offending, including your culpability – your responsibility – for it.
Background
[4]I need to cover off the background.
[5] On 11 December 2018, after making arrangements earlier in the day to do so, you both went to Shannon Shelby Baker’s home in Auckland’s Sandringham to obtain money and methamphetamine. You each entered into Mr Baker’s home, intending to commit an imprisonable offence. You both intentionally attacked Mr Baker. He was beaten and incapacitated in his own home late at night. Your assault was a substantial and operative cause of Mr Baker’s death. You robbed him of methamphetamine, a wallet containing $600 in cash, and car keys. Mr Baker died of asphyxiation after you left him face-down on a bed “hog-tied”, with hands and feet tied together behind his back, and a pair of shorts likely tied over his nose and mouth.
[6] As trial judge, it is my task to flesh out the factual particulars of the charges in a manner not inconsistent with the jury’s verdict.4 Implicit in that verdict is your intentional assault, robbery, binding, gagging, and abandonment of Mr Baker; you
1 Crimes Act 1961, s 177. Maximum penalty life imprisonment.
2 Section 235(b). Maximum penalty 14 years’ imprisonment.
3 Sentencing Act 2002, s 24(1)(b).
4 Edwardson v R [2017] NZCA 618 at [105]–[107].
both are equally responsible for Mr Baker’s death, having pleaded guilty to the joint enterprise aggravated robbery.5
[7] The assault took place in the privacy of Mr Baker’s home, without any witnesses. The nature of the assault, and the immediate circumstances in which it took place, are not matters on which I can make clear factual findings. I…
Continue reading R v Fatu
Sign in free to access the full text
- AGLC
- R v Fatu [2020] NZHC 1893
- Case
- [2020] NZHC 1893
- Decision Date
CaseChat Overview and Summary
The court found that the offenders' actions were driven by a problem of serious and mindless violence, which was a matter of widespread and continuing concern within the community. The court considered the premeditated nature of the intended robbery, the extreme violence shown to the victim, and the fact that the victim was attacked in his own home. The court also noted that the offenders had significant and relevant criminal histories, and that their offending was driven by their methamphetamine use.
After considering the aggravating and mitigating features of the offending, as well as the personal circumstances of the offenders, the court decided on a starting point of 12 years' imprisonment for both offenders. The court then adjusted this starting point to take into account the offenders' personal circumstances, resulting in a sentence of ten years and six months' imprisonment for Benny Peni Fatu, and ten years' imprisonment for Don Iosefa Ekeroma. The court also imposed a minimum period of imprisonment of 40% of the end sentence for both offenders.
In summary, the court sentenced Benny Peni Fatu to ten years and six months' imprisonment, with a minimum period of imprisonment of four years and three months, and Don Iosefa Ekeroma to ten years' imprisonment, with a minimum period of imprisonment of four years. The court's decision was based on the gravity and seriousness of the offending, the effect on the victim, and the statutory purposes and principles of sentencing.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.