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R v Hausia

R v Hausia

Case [2022] NZHC 752 11 April 2022

Attempted Murder

Breach of Bail

Aggravated & Exemplary Damages

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IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CRI-2021-012-1443

CRI-2021-003-179 [2022] NZHC 752

THE QUEEN

v

MANU HAUSIA

Hearing: 11 April 2022

Appearances:

S M H McManus for Crown J J McCall for Defendant

Judgment:

11 April 2022

[REDACTED] ORAL SENTENCING REMARKS OF OSBORNE J

These remarks contain redactions of sensitive information

Introduction

[1]Mr Hausia, I am going to ask you to stand, please.

[2] Manu Hausia you appear for sentence on four charges, to which you pleaded guilty on 14 December 2021:

(a)attempted murder;1

1 Crimes Act 1961, s 173 – maximum penalty of 14 years’ imprisonment.

R v HAUSIA [2022] NZHC 752 [11 April 2022]

(b)wounding with intent to injure;2

(c)injuring with intent to injure;3 and

(d)assault on a child.4

[3] The most serious charge obviously is that of attempted murder — the maximum penalty for that, as you will know, is 14 years’ imprisonment.

[4] Mr Hausia, I am shortly going to ask you to sit again while I explain the sentence I will be imposing on you. Necessarily, this will take time. I will indicate to you towards the end when you need to stand again.

[5]Please be seated now.

[6] In the course of what I have to say, I am going to speak about you in the third person — not speaking to you but speaking about you because I need to explain in Court what happened during your offending. So, I will first speak about the facts, that is, not only from the summary of facts but also the victim impact statements and the other reports I have received. When I have then turned to assess a sentence, I will have identified the appropriate term of imprisonment and, finally, I have to consider whether you will serve the minimum period of that sentence before you become eligible to be released from Prison on parole.

The facts

[7] Mr Hausia is a 28-year-old Tongan national who came to New Zealand in March 2020 on an interim visitor visa. That visa has since been extended because of Covid-19-related travel restrictions which effectively stranded Mr Hausia in New Zealand.

2      Crimes Act, s 188(2) – maximum penalty of seven years’ imprisonment.
3      Crimes Act, s 189(2) – maximum penalty of five years’ imprisonment.
4      Crimes Act, s 194(a) – maximum penalty of two years’ imprisonment.

[8] The first victim in this matter, [called “G” herein], is a 30-year-old woman who at the time of the offending had been in a relationship with Mr Hausia for seven or eight months. The couple had started living together shortly after meeting in early 2021. [REDACTED]. Ms G resides in Oamaru.

[9] The second victim, [called “L” herein], is a 25-year-old woman who is Ms G’s cousin. The third victim is [REDACTED].

Injuring with intent to injure

[10] At about midnight on 19 June 2021, Mr Hausia was at a residential address in Oamaru waiting for Ms G to return…

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.

Continue reading R v Hausia

Details

AGLC: R v Hausia [2022] NZHC 752
Case: [2022] NZHC 752
Decision Date: 11 April 2022

CaseChat Overview and Summary

In the High Court of New Zealand, Timaru Registry, Manu Hausia was convicted of attempted murder, wounding with intent to injure, injuring with intent to injure, and assaulting a child. The court had to decide on the appropriate sentence for these serious violent offences. The court assessed the gravity of the offending, which involved extreme violence, serious injury, the use of weapons, and the vulnerability of the victims. The court also considered the totality of the offending, taking into account all four charges. The court imposed a starting point of 10 years’ imprisonment for the attempted murder, and applied uplifts for the other charges, resulting in a total starting point sentence of 11 years and nine months’ imprisonment. The court then applied discounts for the defendant's guilty pleas, remorse, good character, and the disproportionate effect of imprisonment due to his dislocation from family and culture. The final sentence was six years and six months’ imprisonment, with no minimum period of imprisonment required. The court also made a protection order in favour of the victim.

Orders