IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2010-044-002097 [2012] NZHC 2755
THE QUEEN
v
KEFU IKAMANU
Charges: Manslaughter x1
Causing grievous bodily harm with intent to do such harm x1
Plea: Not Guilty
Appearances: P Hamlin for Crown
S Lance for Prisoner
Sentenced: 19 October 2012
Manslaughter – 6 years, 9 months’ imprisonment;
Grievous bodily harm – 1 year, 6 months’ imprisonment (concurrent)SENTENCING NOTES OF VENNING J
Solicitors: Crown Solicitor, Auckland
Copy to: S Lance, Auckland
R V IKAMANU HC AK CRI-2010-044-002097 [19 October 2012]
[1] Kefu Ikamanu, you are for sentence having been found guilty by a jury following trial on one count of manslaughter and one count of causing grievous bodily harm with intent to do such harm. Manslaughter carries the maximum penalty of life imprisonment. The victim was your daughter Seini. She was almost three years old at the time.
[2] As you have been convicted of serious violent offences you are now subject to the three strikes law. I am required to give you a warning of the consequences of another serious violence conviction. You will also be given a written warning. I ask the interpreter to assist you with that written warning as well.
[3] The formal warning is this. If you are convicted of any one or more serious violent offences other than murder committed after this warning and if a Judge imposes a sentence of imprisonment then you will serve that sentence without parole or early release.
[4] If you are convicted of murder committed after this warning then you must be sentenced to life imprisonment without parole unless it would be manifestly unjust. In that event the Judge must sentence you to a minimum term of imprisonment.
Facts
[5] The facts as I find them to be are important for the purposes of assessing your culpability and the appropriate sentence in this case. In April 2007 Seini was born in New Zealand to you and your wife Sela. In September that year when she was five months old Seini went to live in Tonga with her extended family. You and Sela remained in New Zealand. On 29 January 2010 Seini returned to New Zealand to live with you. You were the primary caregiver for both Seini and her 18 month old brother while Sela worked extended hours at a home for the disabled.
[6] On 24 March 2010 Sela left for work just before 3 o’clock in the afternoon. Later, in the early evening, Seini and her brother were playing noisily and running around. You asked them to stop. Seini ignored your request and just looked at you.
She continued to run around. You became angry with her. You were sitting in a chair in front of the television. You reached out to your right from that chair, grabbed Seini’s arm, pulled her towards you and then swung her across in front of you before letting her go. She was propelled into the wall. As a result of this…
Continue reading R v Ikamanu
Sign in free to access the full text
- AGLC
- R v Ikamanu [2012] NZHC 2755
- Case
- [2012] NZHC 2755
- Decision Date
CaseChat Overview and Summary
The court considered the gravity of the defendant's actions, the circumstances leading to the incident, and the defendant's personal background. The court found the defendant's actions to be a one-off incident of violence driven by frustration, and that he did not foresee the risk of death. The court determined an eight-year starting point for the manslaughter charge, and a one-year, six-month uplift for the grievous bodily harm charge, resulting in a starting point of nine years, six months. The court also considered the defendant's early acceptance of responsibility and offer to plead guilty to manslaughter, which led to a 20% reduction in the sentence. The final sentence imposed is six years, nine months' imprisonment for manslaughter and one year, six months' imprisonment for grievous bodily harm, to be served concurrently.
The court decided not to impose a minimum period of imprisonment, as the standard non-parole period was deemed sufficient to address the relevant purposes and principles of the Sentencing Act. The defendant is also subject to the three strikes law, which means that if he is convicted of another serious violent offence, he will serve the sentence without parole or early release.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.