IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2009-090-004304
CRI-2011-004-000117 [2013] NZHC 2857
THE QUEEN
v
PAKA JUNIOR LEOTA
Charges: Wounding with intent to cause grievous bodily harm; Wounding with intent to injure Counsel:
MR Walker and MJ Hammer for Crown
NG Cooke for PrisonerSentenced:
29 October 2013
SENTENCING NOTES OF BREWER J
Solicitors/Counsel: Meredith Connell (Auckland) for Crown
Nigel Cooke (Auckland) for Prisoner
R v LEOTA [2013] NZHC 2857 [29 October 2013]
Introduction
[1] Mr Leota, you appear for sentence today on two charges. On 20 August
2010, you wounded Mr Talaia with intent to cause him grievous bodily harm. On
12 March 2013, you pleaded guilty to that charge. This offence carries a maximum penalty of 14 years’ imprisonment. On 19 April 2011, you wounded a prison officer with intent to injure him. You were found guilty by a jury of that offence on
14 February 2013. The maximum penalty is seven years’ imprisonment.
[2] There is a procedure which I have to go through now in describing how I get to the sentences I will impose on you. If I were just talking to you then I would be shorter and I would explain myself in more direct language. But I am also delivering this sentence so that the lawyers understand the legal reasons, so it will take a bit longer than I otherwise would like.
Facts
Wounding with intent to cause grievous bodily harm
[3] At approximately 10:30 pm on 20 August 2010, you approached Mr Talaia, who was working in City Road in Auckland CBD as a minder of prostitutes. You attacked him. You struck Mr Talaia a number of times in the face. You kicked him in the legs. Mr Talaia grabbed you in a hug in an attempt to defend himself and you both fell to the ground. You pulled out a metal object, probably a screwdriver, and stabbed Mr Talaia in the head, causing a puncture wound to his temple and he began to bleed a lot. You continued to punch Mr Talaia about the head in a prolonged and very violent attack. During the attack you demanded payment of $300.
[4] There was somebody else present. That person knew Mr Talaia and pleaded with you to cease the attack and even offered to pay the money. He managed to separate you and Mr Talaia very briefly. But you grabbed Mr Talaia again and continued your attack. Mr Talaia lost about a litre of blood during the struggle, lost his strength and fell to the ground.
[5] You left the area and changed out of your clothes. You were found a few streets away from City Road about two hours later.
[6] Mr Talaia was taken to hospital. He had the puncture wound to his temple, his skull was fractured, and he suffered a brain bleed. He required surgery to remove a bone fragment and to clean out the blood which was overlying his brain and the bruising within the…
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- R v Leota [2013] NZHC 2857
- Case
- [2013] NZHC 2857
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