IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2019-063-471
[2020] NZHC 2618
THE QUEEN v
RAYMOND IVEAGH JURY
Hearing: 2 October 2020 Appearances:
M S Jenkins for Crown
W T Nabney for Defendant
Sentence:
2 October 2020
SENTENCE OF PAUL DAVISON J
Solicitors:
Crown Solicitor, Rotorua
R v JURY [2020] NZHC 2618 [2 October 2020]
Introduction
[1] Raymond Jury, at 58 years of age, you appear today for sentencing having been found guilty of murdering Trevor Rikihana on 30 January 2019.
[2] In sentencing you, I will first summarise the background and circumstances of your offending before turning to address your personal circumstances. I will then refer to the purposes and principles of sentencing and explain the approach I am required to take in sentencing you for the offence of murder. I will then summarise the submissions made by the Crown and your counsel as regards the sentence they submit should be imposed. Finally, I will outline the sentence I will impose. As part of this, I shall determine whether it would be manifestly unjust to impose a sentence of life imprisonment with a minimum period of imprisonment of at least 17 years without parole.
Facts of the offending
[3] In the early hours of that morning you drove to a semi-rural address on Te Ngae Road in Rotorua where Mr Rikihana was living with his niece, Ms Lauren Eketone and her seven year old son. Mr Rikihana was 69 years old in January 2019. He was a man of slight stature, being 168 centimetres tall and weighing 49 kilograms.
[4] You and Mr Rikihana were both longstanding members of the Mongrel Mob gang and you and he knew each other well. You had stayed overnight at his place previously and no doubt regarded each other as friends, as well as fellow members of the Mongrel Mob. Upon your arrival Mr Rikihana, who was in his sleepout at the rear of the house, got up and the two of you went to the kitchen inside the main house to have something to eat and to talk.
[5] However, before long an argument developed between you which could be overheard by Ms Eketone. The argument was over money and repayment of a debt. The two of you then moved outside where you then attacked Mr Rikihana in what was a sustained and ferocious assault. The brutal and sustained nature of this assault is evident from the extent of the injuries you inflicted on Mr Rikihana and from which he died. Although the assault was not witnessed, it appears that it involved you using
a hammer to strike Mr Rikihana’s head and when Mr Rikihana was on the ground you then kicked and stomped on him repeatedly, stomping on his head. Ms Eketone, who was hiding nearby, could hear this taking place although she did not see it.
[6] Having rendered Mr Rikihana unable to resist you further, you then dragged him…
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- AGLC
- R v Jury [2020] NZHC 2618
- Case
- [2020] NZHC 2618
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether a sentence of life imprisonment was appropriate and whether it would be manifestly unjust to impose a minimum period of imprisonment of at least 17 years. The court found that the murder involved a high level of brutality and that the victim was particularly vulnerable, thus satisfying the criteria for a 17-year minimum term. The court also considered the defendant's background but found that it did not take his offending outside the scope of the legislative policy that such murders are sufficiently serious to warrant a 17-year minimum term. The court sentenced the defendant to life imprisonment with a minimum term of 17 years before he would be eligible to apply for parole.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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