IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI 2018-004-000832
[2019] NZHC 341
THE QUEEN v
MYRON FELISE
Hearing: 28 February 2019 Appearances:
B Dickey & E Smith for Crown M Pecotic for Defendant
Judgment:
28 February 2019
SENTENCING NOTES OF JUSTICE VAN BOHEMEN
Solicitors/Counsel:
Meredith Connell, Auckland M Pecotic, Auckland
R v FELISE [2019] NZHC 341 [28 February 2019]
[1] Myron Robert Alf Felise, you appear for sentencing in this court on a single charge, having pleaded guilty to the manslaughter of Eli Francis Holtz on 14 November 2018.1 The maximum sentence for manslaughter is life imprisonment.2 I have previously given you a first strike warning as required by law.
[2] Before I begin the formal part of my sentencing remarks, I acknowledge the presence here today of the Holtz family and Loraini Ramage, Eli’s birth mother. We have already heard the Victim Impact Statements from the members of the Holtz family. We have also heard the statement from Mrs Felise. I pay tribute to all of you and your families for the dignified way you have dealt with this tragedy.
[3] Everyone at the back of the Court has been through a terrible time over the last year. None of you could have imagined being in this situation. Sadly – a word I will use a lot today – we are here, and we have to deal with the consequences of those tragic events that took place on the streets of downtown Auckland just over a year ago.
The facts
[4] Mr Felise, I begin by recalling the factual basis upon which I am sentencing you today.
[5] The events in question took place in the early hours of the morning on 27 January 2018. Mr Felise, you had been visiting Auckland for your mother’s birthday and had gone out drinking in Central Auckland with a number of friends. Mr Holtz, was also out in Central Auckland that night, in the front passenger seat of a car driven by a friend.
[6] Your paths crossed at around 3am. You were standing with an associate at the driver’s side window of a car parked on the side of Wellesley Street West, just up from the intersection with Queen Street. Mr Holtz’s car drew alongside you as it approached the intersection. Mr Holtz – foolishly no doubt - fired a single water pellet at you from a toy rifle. The pellet hit you in the lower back, angering you, but not causing you any injury.
1 Crimes Act 1961, ss 160(2)(a), 171.
2 Crimes Act 1961, s 177(1).
[7] Mr Holtz’s car stopped for the traffic lights at the intersection just down the road from you. You started towards it, brushing off the efforts of a friend to restrain you. You opened the door and began to attack Mr Holtz. You first struck him in the head using your fist and then struck his body with the pellet gun, breaking…
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