R v Maa

Case [2021] NZHC 3367


ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF THE VICTIM’S SISTER.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-004-3127

[2021] NZHC 3367

THE QUEEN

v

JIANN-HWA MAA

Hearing: 10 December 2021

Appearances:

R McCoubrey for the Crown

K-A Stoikoff for the Defendant

Sentencing:

10 December 2021


SENTENCE OF GAULT J


Solicitors:

Mr R McCoubrey and Ms S Murphy, Meredith Connell, Office of the Crown Solicitor, Auckland Ms K-A Stoikoff, Public Defence Service, Auckland

R v MAA [2021] NZHC 3367 [10 December 2021]

[1]                 Mr Maa, you appear for sentence after pleading guilty to the murder of Mr Zion Gutnik.1 I have to explain the sentence in some detail, so I will pause as I go for the interpreter.

[2]                 I will first set out the facts of your offending, which it is necessary to do in open Court, and refer to the victim impact statements. Then I will explain the approach I am required to take in sentencing you for the offence of murder, which requires me to impose a minimum period of imprisonment, before determining the appropriate sentence having regard to the circumstances of your offending and your personal circumstances, including your guilty plea.

Facts

[3]I turn to the facts of your offending.

[4]                 574 Manukau Road, Epsom is well-established as a club used by sex workers to meet and entertain their clients. Several managers organise the daily business on behalf of the proprietor, Ms Li. Those managers work a daytime shift from 10:00 am to 7:00 pm or an evening shift from 7:00 pm, typically ending around 3:00 am the following morning. You and Mr Gutnik were two of the managers. You resided onsite in a sleep-out adjacent to the main building one or two nights a week, while Mr Gutnik travelled to work his shifts from his apartment in central Auckland. You typically worked  during  the  daytime  while  Mr  Gutnik  worked  during  the  evenings.   The relationship between you and Mr Gutnik was a strained one and on at least one occasion, in December 2019, deteriorated to a physical altercation between you.

[5]                 At 12:30 am on 10 March 2020, Police were called to 574 Manukau Road.   A quantity of blood had  been located on  a wall in the lounge area and  you and    Mr Gutnik, who were rostered to work the  shifts  that  day,  were  both  missing.  You were working the day shift and Mr Gutnik was working the night shift.


1      Crimes Act 1961, ss 167(b) and 172. Maximum penalty: life imprisonment.

[6]                 During a subsequent Police search looking for the missing managers, entry was forced to the sleep-out. The door was jammed, but not locked. Upon entering the sleep-out, Mr Gutnik’s body was discovered. His head and upper torso had been concealed inside a black plastic rubbish bag. When Police opened the plastic bag, they discovered he had sustained significant head and facial injuries which made a visual identification impossible.

[7]                 During the…

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R v Maa [2021] NZHC 3367
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[2021] NZHC 3367
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CaseChat Overview and Summary

The case before the High Court of New Zealand involved the sentencing of Jiann-Hwa Maa for the murder of Zion Gutnik. The defendant pleaded guilty to the charge, and the court had to determine the appropriate minimum period of imprisonment (MPI) before considering parole eligibility. The key legal issue was whether the murder involved a high level of brutality, cruelty, or callousness, which would warrant a minimum term of 17 years under s 104 of the Sentencing Act. The Crown argued for a 17-year term, citing the brutality of the attack and the defendant's callous actions post-offence. The defence countered that the murder did not meet the statutory threshold and submitted for a lower MPI. After examining the evidence, the court found that while the murder was brutal and callous, it did not reach the statutory threshold for a 17-year MPI. Instead, the court determined a 16-year starting point for the MPI, reduced to 14 and a half years after considering mitigating factors such as the defendant's guilty plea and personal circumstances. The court ultimately sentenced the defendant to life imprisonment with a minimum term of 14 and a half years before parole eligibility.

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Background to the litigation

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