R v Heremaia

William Shane Heremaia was found guilty of the manslaughter of Angela Smith and was sentenced by Fitzgerald J. The case involved the assault of Ms Smith, who was found dead after a brutal attack. The Court had to decide on the appropriate sentence for Mr Heremaia, taking into account his level of involvement in the assault, the nature of the offence, and his personal circumstances. The Court concluded that while Mr Heremaia was involved in the assault, his participation was less dominant than that of the other attacker, Ricky Rafferty. The Court set a starting point of nine years’ imprisonment, considering the brutality of the attack and the presence of multiple attackers and weapons. After assessing various mitigating and aggravating factors, the Court arrived at a final sentence of six years and seven months’ imprisonment, reduced from the starting point due to Mr Heremaia's lesser role in the assault, his blindness, cognitive difficulties, and current health condition. The sentence also accounted for the time Mr Heremaia spent on restrictive bail conditions.

In summary, the Court acknowledged the tragic loss suffered by Ms Smith's family and recognised the difficulties faced by Mr Heremaia due to his personal circumstances. The final sentence aimed to balance the need for punishment and deterrence with the consideration of factors that may have contributed to Mr Heremaia's involvement in the offence. The Court imposed a sentence of six years and seven months’ imprisonment for the manslaughter of Angela Smith.