R v Hakaraia (aka Box) - [2021] NZHC 1733

IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE

CRI-2018-083-001481

CRI-2018-083-001456 [2021] NZHC 1733

THE QUEEN

v

HIKITIA RAWIRI HAKARAIA (aka BOX)

Hearing: 10 June 2021 (by AVL)

Appearances:

M Wilkinson-Smith and C Middleton for the Crown S Hughes QC and A Brosnahan for the Defendant

Date:

10 June 2021

NOTES ON SENTENCING OF GRICE J

[1] Tena koutou katoa. I acknowledge all present today. I acknowledge those who passed, Mr Ratana and Mr Butler. I acknowledge the victims, those who are hurt and grieving by the offending that brings us here today. I particularly acknowledge the families here; Ms Herewini, Mr Ratana’s partner; Ms Vakatini, Mr Ratana’s mother; and Ms Bishop, Mr Butler’s daughter. I acknowledge your grief and your words. And I acknowledge your whakapapa.

[2] Today,1 Mr Hakaraia, you are being sentenced on two charges of manslaughter.2 The charges you face relate to the homicide of Mr Butler and the

1 Mr Hakaraia was sentenced orally on 10 June 2021. The written form has been edited for grammar and flow, and has been footnoted before distribution, but the substance of the decision remains unchanged.
2 Crimes Act 1961, ss 66(2) and 171: maximum penalty of life imprisonment.

R v HIKITIA RAWIRI HAKARAIA (aka BOX) [2021] NZHC 1733 [10 June 2021]

homicide of Mr Ratana, and a third for the participation in an organised group for Mr Ratana’s death.3

[3] The charges arise from gang-related incidents in Whanganui that occurred in 2018. In March, I gave you a sentence indication of 12 to 13 years’ imprisonment before further discounts were considered. I indicated that no minimum period of imprisonment (MPI) would be imposed. You accepted that indication and have pleaded guilty.

[4] Since then, a pre-sentence report, a s 38 psychological report,4 and a s 27 cultural report have been prepared and those reports are before me today.5 I have also heard today from Ms Herewini, Ms Vakatini, and Ms Bishop. I will refer to these later.

[5] Mr Hakaraia, your sentencing today will be based on the sentence indication and adjusted in light of the reports. I will take some time to carefully go through the issues relevant to sentencing. This is important both for the victims and their families present today, and for you and your whānau to hear.

Background to Offending

First homicide: Mr Butler

[6] First, I look at the background to this offending. It is accepted that you were not part of the planning that led to these homicides, you were part of the group. In relation to Mr Butler, on 22 April you and your co-defendants travelled to the home of James Butler with the intent of robbing him of drugs. He lived there with his brother, Brent Butler. You were wearing disguises. You arrived in one vehicle with Mr Fore. Mr Rippon and Mr Whareaorere were in the other vehicle with other co-defendants. There were eight to 10 people in the vehicles and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2021] NZHC 1733
Decision Date: 10 June 2021

CaseChat Overview and Summary

In the High Court of New Zealand, Grice J sentenced Hikitia Rawiri Hakaraia on two charges of manslaughter and one charge of participating in an organised criminal group. The charges related to the homicides of Mr Butler and Mr Ratana in Whanganui in 2018. The defendant was part of a group involved in gang-related incidents. The court considered various reports and victim impact statements in determining the sentence. The starting point for the manslaughter charges was set at 16 years' imprisonment, taking into account the totality principle. A global discount of 20% was applied for the defendant's guilty plea, cultural background, and prospects of rehabilitation. The final sentence was set at nine years and seven months' imprisonment, with no minimum period of imprisonment imposed. The sentence for participating in an organised criminal group was to be served concurrently.

The legal issues the court had to decide included the appropriate starting point for the manslaughter charges, the application of discounts for the defendant's guilty plea and cultural background, and whether a minimum period of imprisonment should be imposed. The court considered relevant case law and sentencing principles in determining these issues. The court also took into account the victims' impact statements and the defendant's prospects of rehabilitation in setting the final sentence.

Orders