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R v Hussein

R v Hussein

Case [2022] NZHC 3034 18 November 2022

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IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2022-009-4280

CRI-2022-009-4327 [2022] NZHC 3034

THE KING

v

ZAKARIYE MAOHAMED HUSSEIN

Hearing: 18 November 2022

Appearances:

B Hawes for Crown

J D Lucas and J M Campbell for Defendant

Judgment:

18 November 2022

SENTENCING REMARKS OF MANDER J

[1] Mr Hussein, you can remain seated while I deliver my sentencing remarks. I will get you to stand at the end when I pass sentence.

[2] Mr Hussein, you are for sentence this morning for the murder of Laisa Waka while an inpatient at Hillmorton Hospital.

[3] On the afternoon of Saturday 25 June of this year you absconded from the hospital grounds and travelled by bus to Sockburn. There, you walked to your family’s address. While doing so, you became angry. You observed a man mowing his lawns who you decided to stab. You went into the family address and obtained a steak knife from a kitchen drawer which you concealed in your jacket pocket. After leaving the address, you walked towards your initial intended victim. While doing so, you

R v HUSSEIN [2022] NZHC 3034 [18 November 2022]

observed two other men washing a vehicle who you also considered stabbing but decided not to do so because it was too close to your family’s address.

[4] You walked further on before approaching Ms Waka, who was coming from the opposite direction. You attacked her with the knife. She received a stab wound to her arm after trying to defend herself by putting her hand up, but you continued to stab her. You inflicted seven wounds to her upper chest and shoulder area that were fatal. You then threw the knife away and walked from the scene.

[5] You are also for sentence on a charge of injuring with reckless disregard. That charge arises out of your attack on a psychiatric nurse that occurred while you were an inpatient at Hillmorton Hospital on 16 December 2021. You became angry at being denied leave from the hospital. After being approached by a team of nurses led by the victim, you armed yourself with a pen, around which you had wrapped paper for a better grip. You swung the pen at the nurse’s neck and, while missing that part of her body, you struck her in the arm before then being restrained. You inflicted a gash to the nurse’s upper left arm and significant bruising.

Victim impact statements

[6] I have received victim impact statements from Mrs Waka’s family and Mrs Raleqe a member of the local Fijian community. I am grateful to them for letting me know a little bit about Mrs Waka, who was a devoted wife and mother. She has been described to me as a kind, caring and compassionate woman who worked hard to look after her family and to serve her community. Mrs Waka’s death has left a vast hole in the lives of Mrs Waka’s husband and children whose…

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 Hussein

Details

AGLC: R v Hussein [2022] NZHC 3034
Case: [2022] NZHC 3034
Decision Date: 18 November 2022

CaseChat Overview and Summary

Zakariye Maohamed Hussein was sentenced for the murder of Laisa Waka and injuring a psychiatric nurse with reckless disregard. The sentencing remarks of Mander J considered Hussein's psychiatric history and background, the nature of the offence, and mitigating and aggravating factors. The court found that life imprisonment was appropriate due to the high risk Hussein posed to the community, but took into account his psychiatric condition in setting the minimum term of imprisonment. The court imposed a minimum term of 13 years for the murder, and an 18 month concurrent term for the charge of injuring with reckless disregard. The court emphasised that Hussein would not be released until the Parole Board was satisfied he no longer posed a risk to the community.

Orders