R v Fungavaka

Viliami One Fungavaka was sentenced for the murder of Georgina Manuel. The Crown argued that the murder was committed with a high level of brutality, cruelty, depravity, or callousness, warranting a minimum imprisonment term of 17 years under section 104 of the Sentencing Act 2002. The court considered the nature of the offence, which involved violence and the use of a vehicle as a weapon, the victim's vulnerability, and the deliberate nature of the attacks. The court found that the second impact, where the defendant performed a u-turn and deliberately ran over the victim, demonstrated a particularly high level of brutality and callousness, triggering section 104(1)(e). Despite the defendant's low risk of reoffending, the court concluded that imposing a 17-year minimum term would not be manifestly unjust. Fungavaka was sentenced to life imprisonment with a minimum term of 17 years before eligibility for parole.