R v Hourigan - [2020] NZHC 2753

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS,

OCCUPATION, OR IDENTIFYING PARTICULARS OF VICTIM PURSUANT TO S 202 CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-090-1335

[2020] NZHC 2753

THE QUEEN

v

LIAM HOURIGAN HENRY ENOKA KEA

Hearing: 20 October 2020

Counsel:

H D L Steele for Crown

R McCausland on instructions from K H Maxwell for Hourigan J Verry for Kea

Judgment:

20 October 2020

SENTENCING NOTES OF KATZ J

Solicitors: Meredith Connell, Office of the Crown Solicitor, Auckland Counsel: K H Maxwell, Barrister, Auckland
J Verry, Barrister, Auckland

R v HOURIGAN & KEA [2020] NZHC 2753 [20 October 2020]

Introduction

[1] Mr Hourigan and Mr Kea, you appear for sentence today on various charges relating to the kidnapping, detention, repeated assaults, and prolonged torture of a man over a 12 hour period in November 2019.

[2] Mr Hourigan, you have also been convicted of a number of additional charges relating to two other incidents of offending within the same general time period.

[3] You have both previously accepted sentence indications in respect of your offending.1 The sentence I impose today will therefore be in accordance with those indications, with appropriate adjustments for personal mitigating factors, based on various reports that have been filed since the sentence indication was given.

The offending

21 to 22 November 2019 – Mr Hourigan and Mr Kea

[4] The first, and most serious, group of charges relate to the events of 21 and 22 November 2019. You each face a number of serious charges arising out of the events of that night.

[5] On 21 November 2019, Mr Hourigan lured the victim to an address in Auckland. Mr Kea, Mr Sefulu (who has previously pleaded guilty to his role in the offending) and two other co-offenders were lying in wait. They overpowered the victim, stripped him naked, tied him up and gagged him. Mr Hourigan held a gun to his head. The offenders punched and kicked the victim repeatedly around the head and body while he lay hogtied and defenceless on the ground, causing a number of injuries. The victim’s eyes and face became extremely swollen, restricting his vision. One of the offenders urinated on him. Mr Hourigan demanded that the victim tell him “where the money was”, but the victim said he did not know. Mr Hourigan threatened to castrate the victim. Numerous threats were also made to burn him alive.

1 R v Hourigan and Kea [2020] NZHC 1816.

[6] After several hours of repeated assaults, the victim was transported to another address. He had difficulty breathing while being transported, due to being gagged. At the second address his ordeal continued. He was tied to a chair before being shot in both feet at close range. Mr Hourigan then used a blow torch to burn the victim over much of his body, causing him excruciating pain. An unknown liquid solution was sprayed into his eyes. Lit…

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 Hourigan

Details

AGLC: R v Hourigan [2020] NZHC 2753
Case: [2020] NZHC 2753
Decision Date: 20 October 2020

CaseChat Overview and Summary

In this case, the High Court of New Zealand heard the sentencing of Liam Hourigan and Henry Enoka Kea, who were convicted of serious charges related to the kidnapping, detention, and prolonged torture of a victim over a 12-hour period in November 2019. The court was required to decide the appropriate starting point and overall sentence for the defendants, taking into account the aggravating and mitigating factors of the case. Katz J began by identifying the most serious charges, which related to the events of 21 and 22 November 2019, and noted the extreme violence, premeditation, and cruelty of the offending. The court also considered the additional charges against Hourigan, including arson and dangerous driving. The starting point was set at 16 years for Hourigan and 15 years for Kea, before being uplifted by two years to account for the other charges. The court then considered the defendants' guilty pleas, personal mitigating factors, and the need for community protection. Katz J imposed a 50 per cent minimum period of imprisonment for both defendants and ordered the permanent suppression of the victim's identity. The final sentence for Hourigan was 12 years and 7 months' imprisonment, to be served concurrently, while Kea was sentenced to 10 years and 6 months' imprisonment, also to be served concurrently. The court emphasised the importance of holding the offenders accountable for their actions and protecting the community from future offending.

Orders