IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2016-092-5315 [2017] NZHC 2253
THE QUEEN
v
SENG LEK LIEV APHICHART KORHOMKLANG LUIGI HAVEA
TAFITO MASI VAIFALE JOSEPH BENJAMIN HAURUA SODARITH SAO
Hearing: 18 September 2017 Appearances:
G R Kayes, L Radich and H Benson-Pope for Crown
M W Ryan for S L Liev
H B Leabourn and A M M Ives for A Korhomklang
M Kan, F Pereira and J Yang for L Havea
J Munro, D S Niven and J N Olsen for M Vaifale
I D Tucker for J B Haurua
L Cordwell for S SaoMinute:
18 September 2017
SENTENCING BY PALMER J
Solicitor/Counsel:
Crown Solicitor, Manukau
M W Ryan, Barrister, Auckland
H B Leabourn and A M M Ives, Barristers, AucklandMichael Kan Law Ltd, Auckland
J D Munro, D S Niven and J N Olsen, Barristers, Auckland
Tucker & Co, AucklandL B Cordwell, Barrister, Auckland
Copy to:
M Gibson, Barrister, Auckland
R v LIEV & ORS [2017] NZHC 2253 [18 September 2017]
Introduction
[1] Around 9.30 pm on Monday 29 February 2016, outside her house in Waterview Auckland, Ms Jindarat Prutsiriporn was taken, under threat of being shot, from the back of one car and put in another. Some 22 hours later, just before
7.00 pm on Tuesday 1 March 2016, Ms Prutsiriporn came out of the boot of another car on Huia Road, Papatoetoe. She sustained serious head injuries in doing so. She died in hospital of her injuries.
[2] Ms Cecilia Hansen, Mr Becoylee Paleaasina, Mr Raymond Brown and Mr Panepasa Havea all pleaded guilty to kidnapping. They were convicted and have already been sentenced.
[3] Mr Seng Lek Liev, Mr Aphichart Korhomklang, Mr Luigi Havea, Mr Tafito Masi Vaifale, Mr Joseph Benjamin Haurua and Mr Sodarith Sao have been convicted of the kidnapping and manslaughter of Ms Prutsiriporn. Mr Sao pleaded guilty to both charges just before trial. Mr Vaifale and Mr Haurua pleaded guilty to kidnapping but not guilty to manslaughter. Mr Liev, Mr Korhomklang and Mr Havea pleaded not guilty to both charges. But you were each convicted of kidnapping and manslaughter on 12 July 2017. I am to sentence you today.
[4] Kidnapping carries a maximum sentence of 14 years’ imprisonment. Manslaughter carries a maximum sentence of life imprisonment. These are, obviously, serious offences. I now have to decide what sentences should be imposed. I will do that in five parts:
(a) First, I will mention the purposes and principles of sentencing. (b) Second, I go through what happened here, in general terms.
(c) Third, I set a starting point for sentencing each offender based on the
offending here compared with other cases.1
1 R v Taueki [2005] 3 NZLR 372 (CA); Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607.
(d)Fourth, for each offender, I consider any adjustments for aggravating or mitigating factors based on their personal circumstances or guilty pleas.
(e) Fifth, I consider whether to order minimum periods of imprisonment.
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- AGLC
- R v Liev [2017] NZHC 2253
- Case
- [2017] NZHC 2253
- Decision Date
CaseChat Overview and Summary
The court first established starting points for sentencing based on comparisons with other kidnapping cases, considering factors such as the level of premeditation, the number of offenders, and the involvement of gangs. It then adjusted those starting points for each offender based on their individual roles and culpability. Finally, the court imposed minimum periods of imprisonment for all offenders, considering the need to denounce the offending and deter similar future conduct. The court aimed to balance the seriousness of the offences with the personal circumstances of the offenders, ensuring sentences were consistent with those imposed on other offenders in similar cases.
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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