R v Keefe - [2016] NZHC 2569

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2015-009-7255 [2016] NZHC 2569

THE QUEEN

v

AUGUST KEEFE
EARL FRASER WAITOKIA JASON PHILLIP REWETI

Hearing: 27 October 2016

Appearances:

B Hawes for Crown
M Sewell on behalf of R Glover for Defendant A Keefe
A Davis and T Nicholls for Defendant E Waitokia
C Ruane for Defendant J Reweti

Judgment:

27 October 2016

SENTENCING REMARKS OF MANDER J

[1] Whata Keefe and Jason Rewiti, you are each for sentence on charges of kidnapping and injuring with intent to cause grievous bodily harm; Mr Waitokia, you are for sentence on one charge of injuring with intent to cause grievous bodily harm, in respect of which I now formally enter a conviction.

Three strikes warning

[2] Before I proceed to the imposition of sentence I am required under the

Sentencing Act to give each of you what is described as the “three strikes warning”.

[3] Given your convictions on the stated charges, you are now subject to the three strikes law. I am going to give you a warning of the consequences of a

R v KEEFE [2016] NZHC 2569 [27 October 2016]

conviction for another serious violent offence. You will also be provided with a written notice which contains a list of these serious violent offences.

[4] The 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. 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 to do so. In that event, the Judge must sentence you to a minimum term of imprisonment.

[5] I turn now to the sentencing exercise for this morning.

Factual background

[6] I first set out the factual background to the offending for which you are for sentence. I will refer to your particular involvement in greater detail when I come to assess your individual sentences.

[7] The offending for which you are for sentence this morning was clearly gang- related. The victim, Dawson Reihana, had an association with the Mongrel Mob. You, as with your co-offenders, are either members of or affiliated to that gang.

The Ajax Street offending

[8] On 8 August last year, Mr Reihana was invited to an address of one of your co-offenders in Ajax Street. That invitation was a trap. Mr Reihana was attacked by three of your co-offenders and other unidentified associates. The attack involved him being struck with hammers to his head and knees. His hands and feet were bound and the beating continued while he was in that defenceless position. Mr Reihana was badly injured and bleeding profusely from a head wound.

[9] A decision was made to take Mr Reihana to a different address. A gag was placed in his mouth and a rope tied around…

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 Keefe

Details

AGLC: R v Keefe [2016] NZHC 2569
Case: [2016] NZHC 2569
Decision Date: 27 October 2016

CaseChat Overview and Summary

The case of R v Keefe and others involved sentencing for multiple defendants convicted of kidnapping and injuring with intent to cause grievous bodily harm. The defendants were members or affiliated with the Mongrel Mob gang, and the crimes were gang-related. The victim, Dawson Reihana, was lured to an address where he was attacked, kidnapped, and held captive. The defendants were involved in various capacities, from initiating the attack to guarding the victim during his captivity. The court was required to consider the severity of the crimes, the role of each defendant, and the impact on the victim, among other factors, in determining the appropriate sentences.

The legal issues included the application of the three strikes warning under the Sentencing Act, the determination of the appropriate starting points for the sentences based on the seriousness of the offences, and the consideration of aggravating and mitigating factors for each defendant. The court had to ensure that the sentences reflected the gravity of the crimes while also taking into account the individual circumstances of each defendant.

The court, in its reasoning, applied the three strikes warning to the defendants, highlighting the potential consequences of future convictions for serious violent offences. It assessed the seriousness of the crimes by considering the prolonged and gratuitous nature of the violence, the use of weapons, the targeting of the victim's head, the number of attackers, and the gang-related context. The court also evaluated each defendant's role and culpability, taking into account their involvement in the planning, execution, and continuation of the attacks. Personal mitigating factors, such as age, criminal history, and remorse, were also considered.

The outcome of the court's sentencing was the imposition of concurrent terms of imprisonment for each defendant. August Keefe received a sentence of six years and six months for kidnapping and injuring with intent to cause grievous bodily harm. Earl Waitokia was sentenced to six years with a minimum of three years for injuring with intent to cause grievous bodily harm. Jason Rewiti was sentenced to four years and six months for kidnapping and injuring with intent to cause grievous bodily harm. The court ensured that the sentences reflected the seriousness of the offences and the individual culpability of each defendant.

Orders