R v Lisiate - [2020] NZHC 531

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2018-044-001823

[2020] NZHC 531

THE QUEEN

v

SIUAKI LISIATE

Hearing: 17 March 2020

Appearances:

D M A Wiseman for Crown R Mansfield for Defendant

Judgment:

17 March 2020

SENTENCING NOTES OF VENNING J

Solicitors: Meredith Connell, Auckland
R M Mansfield, Auckland

R v LISIATE [2020] NZHC 531 [17 March 2020]

[1] Siuaki Lisiate you appear for sentence today having pleaded guilty to the charge of wounding with intent to cause grievous bodily harm. The maximum penalty for that offence is 14 years’ imprisonment.

[2] I am to sentence you on the basis of the summary of facts you pleaded guilty to. That discloses that you, together with your co-defendants Te Ariki Poulgrain and Tama Tapine, were serving time in the maximum security wing at Auckland Prison at Paremoremo. The victim, Mr Burton, was also a sentenced prisoner in that unit. Mr Burton has a significant and serious criminal history. He is also disabled to the extent he has a prosthetic leg.

[3] You are a senior member of the Cripps gang. Mr Tapine and Mr Poulgrain were also associated with that gang in the prison.

[4] At around 9.30 am on 11 May 2018 Mr Burton was walking down the landing from his cell towards a cross-passage grill. As he approached where Mr Tapine was standing Mr Tapine suddenly and without warning punched Mr Burton with a right hook to the face. Mr Burton stumbled back and fell to the ground.

[5] Mr Poulgrain and you then joined in the attack on Mr Burton. Mr Tapine took no further part.

[6] By this stage Mr Burton was lying on the ground. You removed two shanks you had on you and repeatedly stabbed Mr Burton to the head and face and upper torso. You also kicked Mr Burton numerous times. During the assault you stabbed at Mr Burton over 40 times. Mr Poulgrain also stabbed Mr Burton about 10 times. During the assault Mr Burton curled up, trying to defend himself and shield his face.

[7] Even though you knew Corrections Officers were outside the landing you kept up the assault. You only stopped when the Corrections Officers entered the landing in force. At that stage you threw down the shanks before you were secured at the rear of the landing. Mr Burton was taken to hospital with life threatening injuries. He sustained a number of stab wounds to his arm and torso that needed operative repair. The most serious injury he sustained was an injury to his right eye. He now has

permanent damage to that eye. There is no victim impact statement from Mr Burton but the serious injury you inflicted on him is a matter of record.

[8] The issue for the Court today is whether to impose a finite sentence of imprisonment, namely imprisonment for a number of years, or whether to impose a sentence of preventive detention. A…

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.

Continue reading R v Lisiate

Details

AGLC: R v Lisiate [2020] NZHC 531
Case: [2020] NZHC 531
Decision Date: 17 March 2020

CaseChat Overview and Summary

The case before the High Court of New Zealand was R v Lisiate, a sentencing hearing for Siuaki Lisiate, who pleaded guilty to the charge of wounding with intent to cause grievous bodily harm. The maximum penalty for this offence was 14 years' imprisonment. Lisiate, a senior member of the Cripps gang, along with his co-defendants, brutally attacked the victim, Mr. Burton, a disabled prisoner, inflicting life-threatening injuries and permanent damage. The legal issue before the court was whether to impose a finite sentence of imprisonment or an indeterminate sentence of preventive detention, which has no end date and only ends when authorities are satisfied Lisiate no longer poses a threat to the community.

The court considered the starting point for Lisiate's finite sentence to be 10 years, 3 months, based on the severity of the offence and the aggravating factors present. The court noted Lisiate's history of violent offending, lack of remorse, and the absence of any genuine efforts to address the causes of his offending. The court also considered the purposes and principles of the Sentencing Act 2002, specifically holding Lisiate accountable for the harm caused, denouncing his conduct, deterring it, and keeping the community safe. After taking into account mitigating factors and Lisiate's institutionalised background, the court determined a finite sentence of eight years, eight months with a minimum non-parole period of five years, two months. However, the court ultimately decided to impose an indeterminate sentence of preventive detention to protect the community due to the risk Lisiate posed, his pattern of serious offending, and his lack of insight into his behaviour.

In conclusion, Lisiate was sentenced to preventive detention for the charge of wounding with intent to cause grievous bodily harm. Lisiate must serve a minimum term of five years, two months' imprisonment. The court determined that this sentence was necessary to protect the community from the ongoing risk Lisiate posed both in and out of prison.

Orders