R v Fungavaka

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2013-029-761 [2015] NZHC 2761

THE QUEEN

v

VILIAMI ONE FUNGAVAKA

Counsel:

BM O'Connor and CA Anderson for Crown

GNE Bradford, KW Barron-Afeaki SC, Tonga and H Coupe for defendant

Charge:

Murder

Plea:

Not guilty

Sentenced:

6 November 2015

SENTENCING NOTES OF FAIRE J

Solicitors:           Marsden Woods Inskip Smith, Whangarei

To:  GNE Bradford, Auckland

KW Barron-Afeaki SC, Auckland

H Coupe, Auckland

R v Fungavaka [2015] NZHC 2761 [6 November 2015]

Contents

Introduction ............................................................................................................[1] Facts .......................................................................................................................[4] Purposes and principles of sentencing (ss 7 and 8 of the Sentencing Act 2002) .[16] Victim impact statements .....................................................................................[18] Approach to s 104 of the Sentencing Act 2002 ....................................................[20] Submissions for the Crown ..................................................................................[26] Submissions for the defendant .............................................................................[28] Aggravating factors relevant to the offending......................................................[34]

Mitigating factors .......................................................................................................

Personal circumstances  [37] Pre-sentence report  [41] Remorse  [42] Discussion  [43]

Result....................................................................................................................[47]

Introduction

[1]      Mr  Fungavaka,  you  appear  for  sentencing  having  been  found  guilty  of murder following an eight week and two day jury trial.

[2]      The mandatory sentence for murder is life imprisonment.1  Although I am going to sentence you to life imprisonment, I must first determine the minimum period   of   imprisonment   that   you   should   serve.2    The   minimum   period   of imprisonment refers to the minimum amount of time you will be in prison before the Parole Board can consider if you are suitable for monitored release into the community.

[3]      I acknowledge the presence of everyone here today.   I have taken careful notice of the victim impact statements.   They speak powerfully of the loss of a

mother, daughter, sister and companion.   I will say more about this later.   It is

1      Crimes Act 1961, s 172(1) and s 102 of the Sentencing Act 2002. This sentence applies unless it would be manifestly unjust to impose life imprisonment.

2      Crimes Act 1961, s 173(1) and s 103 of the Sentencing Act 2002.

important that everyone understands that I know that nothing I can do today will make up for the loss of Georgina Manuel.  That is not what sentencing is about.  My job, Mr Fungavaka, is to sentence you as the law requires.

Facts

[4]      Mr Fungavaka, I will first outline the facts of your offending. In August 2013 you had been residing in Kaitaia for approximately 12 months.  During that time you were in a relationship with the victim, Ms Georgina Manuel, who was 28 years old. Your relationship with her has been described as turbulent when consumption of alcohol was involved. The victim had a former partner serving a sentence of imprisonment, with whom she reportedly intended to reunite following his release.

[5]      At the time of the offending,  you were residing at 27 Allen Bell Drive, Kaitaia, together with the victim, her father, her two children, who were aged five and nine at the time, and your son, also aged nine at the time. On 20 August 2013, at approximately 7pm, you, the victim and her father were drinking at a residential address in Williams St, Kaitaia.…