IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI-2015-019-004475 [2016] NZHC 139
THE QUEEN
v
TUREI RAWIRI KINGI
Hearing: 11 February 2016 Appearances:
T Sutcliffe for the Defendant
R D Douch for the CrownJudgment:
11 February 2016
SENTENCING NOTES OF WYLIE J
[1] Mr Kingi, you appear for sentence today having entered a guilty plea to a charge of murder pursuant to ss 172 and 168 of the Crimes Act 1961. The maximum penalty for this offence is one of life imprisonment.
[2] A conviction was entered against you following your plea. That occurred on
1 September 2015. Two other more minor charges were then withdrawn.
[3] Your sentencing triggers s 86E of the Sentencing Act 2002. That section is
part of the “three strikes” regime introduced into the Sentencing Act as from 1 June
2010.
[4] The statutory three strikes regime applies because, on 11 April 2014, you were convicted and sentenced on a charge of robbery in the District Court at Palmerston North. You were given a first strike warning pursuant to s 86B of the
Act.
R v KINGI [2016] NZHC 139 [11 February 2016]
[5] Your conviction for murder is a stage 2 offence, with the consequence that s
86E of the Sentencing Act applies. That section requires that you must now be sentenced to life imprisonment without parole, unless it would be manifestly unjust to do so. If I find that it is manifestly unjust to impose on you a sentence of life imprisonment without parole, s 86E(4)(b) requires me to impose a sentence with a minimum non-parole period of at least 10 years in accordance with s 103 of the Sentencing Act. That section in turn requires me to take into account s 104 of the Act.
Relevant Facts
[6] You do not dispute the summary of facts.
[7] On Monday 10 August 2015 you had been consuming alcohol, cannabis and synthetic cannabis. In the evening you travelled to a liquor store on Peachgrove Road in Hamilton, where a one litre bottle of Jim Beam was purchased and given to you. You then returned to Victoria Street in the central city. You proceeded to walk around the CBD in the company of two female associates. As you were walking along Victoria Street, you were confrontational and aggressive to members of the public.
[8] By about 8.40pm, you had progressed to London Street. You parked your motor vehicle in that street. At this stage you saw the victim, a 71 year old male. He had parked his car outside a public toilet. The victim was not known to you. You said to your female associates that you were going to “gank” the victim. The term “gank” apparently means to rob.
[9] You and your two associates approached the victim while he was sitting in his vehicle. You asked him for money and food. He told you that he had no food. You walked away, but you were agitated at his response.
[10] The…
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- AGLC
- R v Kingi [2016] NZHC 139
- Case
- [2016] NZHC 139
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether it would be manifestly unjust to sentence Kingi to life imprisonment without parole, and if not, what the appropriate minimum period of imprisonment should be. The court considered various factors, including the circumstances of the offence, Kingi's mental health, his guilty plea, his expressed remorse, his prospects of rehabilitation, and the purposes and principles of the Sentencing Act.
The court concluded that it would be manifestly unjust to sentence Kingi to life imprisonment without parole. Factors such as Kingi's age, the relatively minor nature of his first strike offence, his mental health issues, his guilty plea, his expressed remorse, and his prospects of rehabilitation all contributed to this decision. The court found that a sentence of life imprisonment without parole would be disproportionate and excessively punitive, and not in line with the purposes and principles of the Sentencing Act.
As a result, the court sentenced Kingi to life imprisonment with a minimum period of imprisonment of 13 years. This decision took into account the various mitigating factors present in Kingi's case, while also ensuring that the sentence adequately addressed the harm caused by his offending and protected the community.
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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