R v Kingi

[2016] NZHC 2546

ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2016-088-386 [2016] NZHC 2546

BETWEEN

CROWN

Applicant

AND

KORONERIA KINGI Respondent

Hearing:	19 October 2016
Counsel	M D Smith for Crown B L Sellars for Respondent
Judgment:	25 October 2016

JUDGMENT OF WHATA J

This judgment was delivered by me on 25 October 2016 at 4.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date: ………………………….

Solicitors:           Crown Solicitors, Whangarei

CROWN v KINGI [2016] NZHC 2546 [25 October 2016]

[1]      Mr Kingi is charged with murder.  He is alleged to have killed the victim by shooting him in the head multiple times with a slug gun and then stabbing him with a broken piece of wood and knives. The victim’s wife reported the incident to the police.

[2]      The matter comes before me for the purposes of an assessment, pursuant to s 9 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (the Act). Section 9 provides:

9         Court must be satisfied of defendant's involvement in offence

A court may not make a finding as to whether a defendant is unfit to stand trial unless the court is satisfied, on the balance of probabilities, that the evidence against the defendant is sufficient to establish that the defendant caused the act or omission that forms the basis of the offence with which the defendant is charged.

Summary of facts

[3]      At about 5.30 pm on 10 February 2016 the wife of the victim in this matter Mrs Tangiora presented at the Whangarei Police Station to report the death of her husband. She stated that her brother, Mr Kingi, killed the victim by shooting him in the head multiple times with a slug gun.

[4]      At  about  the  same  time  Police  Northern  Communication  received  an emergency call from another of Mr Kingi’s sisters, Ms Shilton, regarding the death of the victim. She told police that Mr Kingi had killed the victim by shooting and stabbing him with weapons. She further told police that Mr Kingi was present with her at her address, which is next to the scene address of 96 Church Road, Ngaratunua, Whangarei.

[5]      The police communication call taker asked questions of Ms Shilton regarding the weapons used. She relayed the questions to Mr Kingi and he stated that the weapons were still at the scene address with the deceased. At about 6.30 pm, the police arrived at 96 Church Road and discovered the body of the victim lying outside on the lawn. In close proximity to the body were weapons covered in blood.

[6]      The weapons included: a broken piece of wood, knives and a pistol (unknown calibre). Mr Kingi was instructed to leave his sister’s address and approach attending police.  He complied and was subsequently arrested.

Submissions

[7]      The Crown submits, and Ms Sellars for the defence agrees, that there is a sufficient basis on the balance of probabilities that the defendant performed the physical acts alleged and that those acts caused the death of the victim.

[8]      In support of this contention, the Crown produced 49 witness statements and

66 exhibits. The key parts of those statements include the following evidence:

(a)      A  transcript  of  an  interview  with  Ms  Taniora,  describing  what happened, including that Mr Kingi shot the victim;

(b)A statement of Ms Shilton recording an admission by Mr Kingi that he killed the victim by cutting his throat;

(c)      An autopsy report confirming that the victim had been shot and stabbed in the neck, and confirms that cause of death was a wound to the neck; and

(d)Exhibit 55, the 111 call, recording admissions by Mr Kingi as to the killing the victim.

Assessment

[9]      It is common ground that the relevant threshold test is that, in relation to murder charges, it will be necessary for the Crown to establish on the balance of probabilities that the defendant performed the physical acts alleged and that those acts caused the death of the victim. It is not necessary for the Crown to establish the mens

rea of the offence.1

1      R v MAJW [2016] NZHC 72 at [24]; R v R [2015] NZHC 783 at [9]; R v Akuhata [2013] NZHC

2669 at [28].

[10]     Having reviewed the evidence highlighted by the Crown and Ms Sellars, I am satisfied on the balance of probabilities that the defendant performed the physical acts alleged and that those acts caused the death of the victim. This includes:

(a)       Direct evidence that Mr Kingi attacked the victim at the time of the alleged murder;

(b)Physical and  circumstantial evidence that Mr Kingi undertook the murderous act;

(c)       Admissions by Mr Kingi that he killed the victim by cutting his throat;

and

(d)      Medical evidence that the cause of death was a stab to the throat.

[11]     Given the foregoing, I find that the defendant committed the acts of murder for the purpose of s 9 of the Act.

[12]     This matter is now set down for a determination as to whether, pursuant to s 14 of the Act, Mr Kingi is unfit or fit to stand trial.