R v Herewini - [2024] NZHC 2379

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2022-092-9267

[2024] NZHC 2379

THE KING

v

TERATUTONU HEREWINI

Counsel: S R D D Bicknell Young for Crown I A Jayanandan for Defendant

Sentenced:

23 August 2024

Charges:

Wounding with intent to cause grievous bodily harm

Plea:

Guilty

SENTENCING NOTES OF WILKINSON-SMITH J

Solicitors/Counsel:
Kayes Fletcher Walker, Auckland I Jayanandan, Barrister, Auckland

R v HEREWINI [2024] NZHC 2379

Introduction

[1] Mr Herewini, on 16 April 2024, you pleaded guilty to one charge of wounding with intent to cause grievous bodily harm.1 You originally faced a charge of attempted murder, and your plea was entered to the alternative charge of wounding with intent to cause grievous bodily harm on the morning of trial.

[2] In entering your guilty plea, you accepted a summary of facts. It is necessary for me to summarise those facts in this decision.

[3] On 7 November 2022 at approximately 6.00 pm, you arrived at the Ōtara town centre where members of the Tribesmen Motorcycle gang were gathering for a meeting. You are described as a senior patched member of the gang.

[4] At approximately 6.29 pm, Dion Snell, the National President of the Tribesmen Motorcycle gang arrived at the Ōtara town centre parking his vehicle in a carpark just across from where some other gang members were gathered. Mr Snell spoke with another gang member.

[5] You approached Mr Snell and his associate. A verbal altercation occurred, and you fired three shots in close succession whilst standing close to Mr Snell. Mr Snell ran through the carpark, apparently to avoid being shot further. You pursued Mr Snell, aiming your firearm at him as you ran.

[6]You then left the scene.

[7] Mr Snell was driven to Middlemore Hospital emergency department where he underwent surgery and was treated for his wounds. He had been shot once through his lower left chest wall with the bullet entering one side of his stomach and exiting through the other. The entry and exit wounds are described as connected but superficial. I take that as a medical term meaning that they did not actually create any major internal damage — very fortunately. The second shot went through Mr Snell’s right forearm. That injury required surgery.

1 Crimes Act 1961, s 188(1). Maximum penalty: 14 years imprisonment.

The principles and purposes of sentencing

[8] In sentencing you, I must have regard to the purposes and principles of sentencing. Those I consider particularly relevant in your case are:2

(a)Accountability for harm done.

(b)Promoting in you a sense of responsibility for, and an acknowledgement of your role in that harm.

(c)To denounce the conduct in which you were involved. That is important, not only for you, but because gun violence in Auckland has escalated and it must be made clear that having loaded guns and using loaded guns is not something that can become normalised in our community.

(d)To deter you from behaving this way in…

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 Herewini

Details

AGLC: R v Herewini [2024] NZHC 2379
Case: [2024] NZHC 2379
Decision Date: 23 August 2024

CaseChat Overview and Summary

The case of R v Herewini involved the defendant, Teratutonu Herewini, who pleaded guilty to the charge of wounding with intent to cause grievous bodily harm. The incident occurred on 7 November 2022, when Herewini, a senior member of the Tribesmen Motorcycle gang, fired three shots at Dion Snell, the National President of the same gang, during a gathering at the Ōtara town centre. Snell was shot in the chest and forearm, requiring medical treatment but fortunately escaping life-threatening injuries. The court had to determine an appropriate sentence considering the principles and purposes of sentencing, including accountability, denunciation, deterrence, and rehabilitation.

The legal issues before the court involved determining the appropriate starting point for the sentence based on the seriousness of the offence, assessing any aggravating or mitigating factors, and applying the principles of sentencing to arrive at a final sentence. The court examined the use of a firearm, the level of premeditation, the public nature of the offence, and the potential for rehabilitation. The Crown argued for a starting point within band three of R v Taueki, while the defence suggested band two was more appropriate. After considering the relevant case law and the specific circumstances of the offence, the court determined a starting point of eight and a half years imprisonment.

The court also considered personal circumstances, including Herewini's extensive criminal history and his guilty plea on the morning of the trial. Although the Crown suggested an uplift for previous convictions, the court found no uplift was warranted due to the recency of the last conviction and the defendant's period of non-offending. The court granted a 15% reduction for the late guilty plea and a 30% credit overall for remorse, rehabilitation prospects, and the impact on his family. This substantial credit led to a final sentence of six years imprisonment.

Orders