IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2012-009-005233 [2014] NZHC 881
THE QUEEN
v
MAUHA HUATAHI FAWCETT
Hearing: 1 May 2014 Appearances:
P J Shamy and A Raj for Crown
Defendant Appears in Person
C M Ruane - AmicusJudgment:
1 May 2014
JUDGMENT OF GENDALL J
Note: This is a redacted version of the original judgment. Some details have been redacted.
[1] Mauha Fawcett, at trial the jury found you guilty of murdering Ms Ngatai Manning who is also known as Mellory Manning. You now appear for sentence.
[2] Today it falls to me to pass the only sentence that I can pass for murder, and that is one of life imprisonment. The only real issue I need to determine here is the length of the minimum term that you must serve before you are eligible to apply for parole.
[3] Before getting into the detail of my remarks can I please begin by acknowledging the presence of everybody here today. To the family and friends of
the victim in this case Ms Manning who was tragically taken from you at a young
R v FAWCETT [2014] NZHC 881 [1 May 2014]
age, there is nothing I am able to do or say that can ever replace your loss. A dearly loved daughter, sister, friend, relative and partner has been taken from you. There is nothing I can say or do to change that but the sympathy of this Court is with you all.
Facts
[4] I turn to the facts of this case. It is unfortunately necessary during a sentencing process such as this for me to go again into the facts. I realise that this means that you members of Ms Manning’s wider family and her friends will be re- living not only the horror of the murder itself but also the trial. Unfortunately this is unavoidable.
[5] The facts that give rise to the charge here are in a way painfully simple. At about 10:40 p.m. on 18 December the victim Ms Manning was lured into a vehicle off Manchester Street, Christchurch, where she was working as a prostitute. It is said that you Mr Fawcett played a part first, in locating her on Manchester Street where you had a role taxing prostitutes for the Mongrel Mob and secondly, in passing to her a cell phone with a threatening message from a Mongrel Mob colleague, you being a prospect for the Mob.
[6] Ms Manning was then taken to the Mongrel Mob pad situated on Galbraith Avenue, Christchurch where she was sexually violated and possibly raped and then she was subjected to a prolonged, merciless and violent attack by more than one person which ultimately caused her death.
[7] Mr Fawcett, you have described in various statements that you made how Ms Manning was subjected to this ferocious attack by several patched Mongrel Mob members using a number of weapons including a metal pole with a hook (which was a purpose built weapon), a…
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- Case
- [2014] NZHC 881
- Decision Date
CaseChat Overview and Summary
The court also took into account Fawcett's personal circumstances, including his disadvantaged upbringing, early exposure to drugs, and extensive criminal history. Despite these factors, the court found that the murder involved calculated planning, was committed with a high level of brutality, cruelty, depravity, and callousness, and justified a minimum non-parole period of at least 17 years. The court ultimately decided on a minimum non-parole period of 20 years, taking into account the aggravating factors and the absence of any mitigating factors.
In summary, Mauha Huatahai Fawcett was sentenced to life imprisonment for the murder of Ms Ngatai Manning, with a minimum non-parole period of 20 years. The court emphasized the need to hold Fawcett accountable for his actions and provide proper denunciation and deterrence for the heinous crime committed.
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