IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2010-092-13230 [2012] NZHC 171
THE QUEEN
v
MASEIGA FEAUAI AND WILLIAM OFISA
Hearing: 16 February 2012
Counsel: N Webby for Crown
L Hughes for Accused Feauai
J Boyack and D Niven for Accused Ofisa
Judgment: 16 February 2012
SENTENCING NOTES OF TOOGOOD J
Solicitors:
N Webby, Meredith Connell, Auckland: Nicholas.Webby@meredithconnell.co.nz
L Hughes, Auckland: Lynn.Hughes@pds.govt.nzJ Boyak, Auckland: lawyer@boyack.co.nz
D Niven, Auckland: davidniven@orcon.net.nz
R V FEAUAI AND OFISA HC AK CRI-2010-092-13230 [16 February 2012]
[1] Maseiga Feauai and William Ofisa: you appear for sentence having pleaded guilty to the manslaughter of Michael Ofisa, in that in August 2010, you caused Michael’s death by assaulting him using a motor vehicle as a weapon.
[2] The way in which the charge is quite properly expressed is somewhat misleading as to the tragic circumstances of this case in which the vehicle driven by you, Mr Ofisa, ran over Michael, your older brother, killing him. I accept at once that your purpose was not to cause Michael harm but to assist him and that in that sense his death was a terrible accident. The unlawfulness of the event, however, comes from your intention of driving the motor vehicle at speed, encouraged by you Mr Feauai, towards a group of other people. That amounted in law to an assault by, at the very least, the threatened application of force.
[3] I want to make it clear that in discussing the facts I am using the amended summary handed up at the time of the sentencing indication and not the summaries attached to the pre-sentence reports.
[4] The circumstances were that, after or during a party, Michael was being attacked by around 15 people, some of whom were using weapons such as bottles and fence palings or pieces of wood. The summary of facts satisfies me that the extent of the attack was such that it was inevitable that Michael would suffer serious injury and was at risk of being killed. In attempting to assist Michael to defend himself from these attacks you, Mr Ofisa, then aged only 16, drove a motor vehicle at the crowd of attackers at a speed which you estimated at around 60 kilometres an hour.
[5] You were then aged 24, Mr Feauai. You were a passenger in the car and you admitted later that you had encouraged Mr Ofisa on one occasion to drive the vehicle at the crowd as a way of rescuing Michael. I understand it is said that William did not hear that encouragement, but you have admitted that it was given.
[6] As the car advanced towards the attackers and the place where Michael was being beaten, the crowd dispersed and the car drove over Michael, killing him almost
immediately. The degree of hostility and the violence of the attackers is emphasised by the fact that some of them returned to continue the attack on Michael, notwithstanding that he had been run over.
[7] Both of you…
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- AGLC
- R v Feauai [2012] NZHC 171
- Case
- [2012] NZHC 171
- Decision Date
CaseChat Overview and Summary
The legal issues involved assessing the seriousness of the offending, the use of a vehicle as a weapon, and the mitigating factors including the attackers' aggression, the defendants' remorse, and Ofisa's young age at the time of the offence. The court had to balance these factors to arrive at a just sentence.
The court decided that a term of imprisonment between 5 to 6 years would be appropriate for an adult offender after a defended trial. Considering the mitigating factors, the court set a starting point of three years for Ofisa, reducing it to 18 months after accounting for his remorse, plea, and youth. Ofisa was sentenced to eight months of home detention with special conditions. Feauai, who encouraged the use of the vehicle, was sentenced to two years, reduced to 15 months considering his remorse and plea, but he was released immediately due to the time already served.
The final orders included that Ofisa serve eight months of home detention with conditions such as psychological assessment and judicial monitoring. Feauai was to be released immediately, and both defendants were encouraged to apply for remission of fines and enforcement costs under the Summary Proceedings Act.
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