IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2022-092-010505
[2023] NZHC 2850
THE KING
v
JACKSON IBANEZ KOMENE
Hearing:
11 October 2023
Appearances:
A Al-Janabi for Crown
R M Mansfield KC and B Gloyn for Defendant
Judgment:
11 October 2023
SENTENCING NOTES OF VENNING J
Solicitors: Meredith Connell, Auckland Counsel: R M Mansfield KC, Auckland
R v KOMENE [2023] NZHC 2850 [11 October 2023]
[1] Jackson Komene you are for sentence having pleaded guilty to the murder of your former partner, Shyanne Hauwai. On 30 December 2022 you choked and killed her.
[2] You will be sentenced to life imprisonment for her murder. The principal issue for the Court this morning is what the minimum non-parole period should be. I start with the facts.
[3] At the time you killed Ms Hauwai you and she were both 24 years old. You had been in an on-and-off relationship with her since 2015 when you were both approximately 17 years old. You have three young children together, who have been in the care of other family members since 2020.
[4] In December 2022 you were living with other family members at Mangere Bridge. Ms Hauwai lived in Christchurch and was in a new relationship.
[5] On the evening of Christmas Day she travelled from Christchurch to Auckland in order to see her children. While she was in Auckland and up until her death she stayed with you and your family at the Mangere Bridge address. You got on well and were again close.
[6] On the morning of 30 December 2022 you were both at home, in your family’s home. Shortly after 8.30 am you drove some family members to Middlemore Hospital to attend a scheduled appointment. You then returned to your home address at about
9.00 am and went upstairs to the bathroom with Ms Hauwai to shower. You were playing music which could be heard from downstairs. While you were together in the bathroom something happened. You became angry with her and you assaulted her. You first punched her in the head and then choked her to the point of death. The post- mortem examination confirmed the direct cause of her death was neck compression. There were abrasions around her neck area and on her inside neck muscles as well as considerable bruising. There was also bleeding on her brain consistent with the infliction of blunt force trauma from a heavy punch.
[7] After attempting to clean up the blood in the bathroom you picked her up and carried her downstairs and took her to your car. On the way you were seen by your sisters at the address. When they asked what happened, you replied “stupid idiot, she slipped.” You said you were taking Ms Hauwai to the hospital. Initially you placed her in the front seat but when you realised she was dead you moved her to the boot of the car before leaving.
[8] You then drove…
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.
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AGLC
R v Komene [2023] NZHC 2850
Case
[2023] NZHC 2850
Decision Date
CaseChat Overview and Summary
Jackson Komene has been sentenced to life imprisonment for the murder of Shyanne Hauwai, with a minimum non-parole period of 11 years. The court heard that Komene and Hauwai had an on-and-off relationship since 2015, and had three children together. On the morning of 30 December 2022, Komene assaulted Hauwai, punching her in the head and choking her to death. The court found that Komene's previous history of violence in a domestic context, including a conviction for four assaults on a person in a family relationship, supported the imposition of a minimum period of more than 10 years in order to meet the purposes set out in s 103 of the Sentencing Act 2002. The court also took into account the fact that Komene was under the influence of methamphetamine at the time of the offence. While the court acknowledged Komene's remorse, it found that his actions did not fully support this. The court ultimately decided on a minimum non-parole period of 11 years, taking into account the early guilty plea and mitigating factors such as Komene's personal circumstances. The court also noted the impact of the offence on the victim's family and the need to protect the community from further violence. The final orders of the court were that Komene be sentenced to life imprisonment for the murder of Shyanne Hauwai, with a minimum non-parole period of 11 years.