R v Kaitai

Moetu Kaitai was convicted by a jury of one charge of murder and one charge of threatening to kill. The victim in both cases was Kelvin Kana. The court began its sentencing decision by outlining the factual background of the offending. This included the defendant's threatening to kill Mr Kana with a sawn-off shotgun and then, two days later, shooting him dead in a garage. The court heard victim impact statements from Mr Kana's daughters and sister which highlighted the devastating effect his death had had on them. The court also considered the defendant's personal circumstances, including her long criminal history and exposure to family violence and drug use from a young age. The court was required to decide whether the presumption of life imprisonment for murder should be displaced and, if not, the appropriate minimum period of imprisonment before parole eligibility. The Crown submitted that the offending was premeditated and involved the use of an illegal firearm, while the defence submitted that the offending was spontaneous and reactive and that there were mitigating personal factors. The court found that while the defendant's background and drug use were mitigating factors, her conscious and reckless decisions on the day of the offending were aggravating factors. The court ultimately decided to impose a sentence of life imprisonment with a minimum period of imprisonment of 10 years and 9 months, reflecting both the aggravating and mitigating factors of the case. The court also imposed a concurrent sentence of one year imprisonment for the charge of threatening to kill. The court granted an order for the firearm to be forfeited for destruction.