R v Herewini
[2013] NZHC 2570
•4 October 2013
IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
CRI-2012-263-000091 [2013] NZHC 2570
THE QUEEN
v
SIMON MEKA HEREWINI
| Counsel: | A J Gordon for Crown H S Edward for Prisoner |
Sentence: | 4 October 2013 |
NOTES ON SENTENCE OF COLLINS J
Introduction
[1] Mr Herewini, on 26 August 2013 you pleaded guilty to murdering Mr Skorek.
[2] In sentencing you I shall:
(1)explain your offending;
(2)describe your personal circumstances;
(3)explain the requirements for a 17 year minimum period of imprisonment;
(4)explain why I am going to impose a sentence that is less than 17 years’ minimum period of imprisonment; and
R v HEREWINI [2013] NZHC 2570 [4 October 2013]
(5)tell you your sentence.
Your offending
[3] You, Rawiri Samuels, William Edwards and Leslie Glen, attacked Mr Skorek at Kuirau Park, Rotorua on 23 January 2012.
[4] Earlier that day all four of you went to a supermarket in Fenton Street, where alcohol was obtained. You then went to Kuirau Park and started drinking.
[5] Mr Skorek, a 64 year old man who was visiting Rotorua, approached your group. He was offered some wine which he accepted and sat down and had a lengthy discussion with you and members of your group.
[6] At some point Mr Skorek was seen to be looking at your crotch. This so incensed you that you let loose a tirade of verbal abuse. By this time you were heavily intoxicated and you had to be calmed down. Mr Skorek left your group and headed towards the centre of Rotorua.
[7] After this you and your group returned to the supermarket on Fenton Street and stole another cask of wine and returned to Kuirau Park.
[8] By this time Mr Skorek had returned to the park and he met up with you and your friends again. At some point Mr Skorek asked you to go for a walk with him away from the others. You did this. You and Mr Skorek were followed by Rawiri Samuels, and after a short period of time he ran up to Mr Skorek and hit him several times about the head. You and the others joined in the assault. You in particular jumped on Mr Skorek’s chest and fully participated in the assault which lasted about ten minutes.
[9] Rawiri Samuels took Mr Skorek’s backpack and you and the others went to the hospital grounds where you rummaged through Mr Skorek’s possessions. A knife was found.
[10] You and the others had a discussion about the fact Mr Skorek could identify you. You agreed to return to Kuirau Park to kill him.
[11] When you arrived back at the park Mr Skorek was lying on the ground where you had left him. He was unconscious. Rawiri Samuel stabbed Mr Skorek in the face and chest. He then handed you the knife and you in turn stabbed Mr Skorek in the head and upper chest and inflicted a cut to his throat.
[12] Mr Skorek’s death was likely caused by one of the stab wounds to his chest which severed his carotid artery.
[13] Rawiri Samuels pleaded guilty to murdering Mr Skorek on 29 March 2012. On 6 December 2012 he was sentenced by Peters J to life imprisonment with a minimum period of 12 years’ imprisonment.
Your personal circumstances
[14] At the time of your offending you were 19 years old. You are now 21.
[15] You have a previous conviction for burglary in 2008 which is not relevant to the sentence I am imposing on you today. I mention it because it shows that aside from the crime that you are to be sentenced for today, you have led a relatively law- abiding life.
[16] You spent most of your formative years in foster care and dropped out of secondary school when you got the “feel for high school girls and weed”.
[17] Most of your work experience was as a farm labourer.
[18] You curtailed your association with a gang at the same time you met your girlfriend.
[19] On the positive side you have expressed a desire to get involved in Māori culture and to learn Te Reo.
Minimum period of imprisonment
[20] Those who are convicted of murder are sentenced to life imprisonment unless a sentence of life imprisonment would be manifestly unjust.[1] The minimum period of imprisonment is ten years unless the case is one which the law says the minimum period must be at least 17 years unless that sentence would be manifestly unjust.[2]
[1] Sentencing Act 2002, s 102.
[2] Section 104.
[21] Cases which attract a 17 year minimum period of imprisonment include those where:
(1)the murder was committed in an attempt to avoid detection;
(2)the murder involved calculated or lengthy planning;
(3)the murder was committed with a high level of brutality, cruelty, depravity or callousness; and
(4)the deceased was particularly vulnerable because of their age, health, or other factors.
[22] Those four factors are present in your case. Therefore, I must impose a 17 year minimum period of imprisonment unless it would be manifestly unjust for me not to do so.
Reasons why a 17 year minimum period of imprisonment would be manifestly unjust
[23] In my assessment, there are three reasons why imposing a 17 year minimum period of imprisonment would be manifestly unjust.
(1)Rawiri Samuels’ sentence
[24] The fact that your co-offender, Rawiri Samuels was sentenced to a 12 year minimum period of imprisonment is a factor that would make imposing a 17 year minimum period of imprisonment manifestly unjust in your case.
[25] In sentencing Rawiri Samuels Peters J took the following factors into account:
(1)His age and immaturity which her Honour thought would compound the challenges that Rawiri Samuels would face in prison. He was ten months older than you.
(2)The fact that he pleaded guilty at the earliest possible stage.
(3)His full cooperation with the authorities.
(4)His considerable remorse.
[26] You waited until 26 August this year to plead guilty. This factor clearly distinguishes your case from Rawiri Samuels as does the assistance that Rawiri Samuels provided the police.
[27] Nevertheless, when sentencing you I must take account of the desirability of imposing a sentence that is consistent with sentences that have been imposed on similar offenders committing similar offending in similar circumstances.[3] Thus, I must as far as I can, try to achieve some degree of parity between your sentence and the sentence imposed on Rawiri Samuels. In my view, that can only be achieved by
me deciding that it would be manifestly unjust to sentence you to a minimum period of 17 years.
[3] Sentencing Act 2002, s 8(e).
[28] However, I am also satisfied that you should not get the full benefit of that part of Rawiri Samuels’ sentence that reflected his very early guilty plea and his cooperation with the police.
(2)Your guilty plea
[29] You have pleaded guilty and the Crown accepts that it would be manifestly unjust to impose a minimum period of imprisonment of 17 years in your case in light of the fact that you have pleaded guilty. The final sentence that I impose will contain a discount of one year in response to your guilty plea.
(3)Your age
[30] You are still a young man.
[31] Age is a factor that I can take into account.[4]
[4] Sentencing Act 2002, s 9(2)(a).
[32] There are three ways your age is relevant to the sentence that should be imposed:[5]
[5] Churchward v R [2011] NZCA 531 at [77].
(a)There are age-related neurological differences between young people and adults, including that young people may be more vulnerable or susceptible to negative influences and outside pressures (including peer pressure) and may be more impulsive than adults.
(b)The effect of imprisonment on young people, including the fact that long sentences may be crushing on young people.
(c)Young people have greater capacity for rehabilitation, particularly given that the character of a juvenile is not as well formed as that of an adult.
Sentence
[33] After taking all these factors into account I will now explain what your sentence will be.
[34] Mr Herewini, can you please stand. On the charge of murder I am sentencing you to life imprisonment and direct that you serve a minimum of 14 years’ imprisonment.
[35] Please stand down.
D B Collins J
Solicitors:
Crown Solicitor, Rotorua
H S Edward, Rotorua for Prisoner
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