R v Mahia

[2014] NZHC 981

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI 2013-025-000333 [2014] NZHC 981

THE QUEEN

v

DAVID JACKSON MAHIA

Hearing:	12 May 2014
Appearances:	M J Thomas for Crown F E Guy Kidd for Defendant
Judgment:	12 May 2014

JUDGMENT OF DUNNINGHAM J

[1]      Now I just remind the press, at this stage there is a suppression order in place and continuing, in respect of the details of the sexual violation.

[2]      Mr Mahia, in light of your pleas of guilty you are convicted on the charges of murder and sexual violation.

[3]      I am obliged now to give you a first warning under what is known as the three strikes legislation.  I now do that.

[4]      Given your convictions for sexual violation and murder, you are now subject to the three strikes law.  I am now going to give you a warning of the consequences of another serious violent conviction.   You will also be given a written warning outlining these consequences which lists the serious violence offences.   If you are convicted of any serious violent offences other than murder, committed after this

warning, and if a Judge imposes a sentence of imprisonment, then you will serve that

R v MAHIA [2014] NZHC 981 [12 May 2014]

sentence without parole or early release.  If you are convicted of murder committed after this warning, then you must be sentenced to life imprisonment.  That will be served without parole unless it would be manifestly unjust.  In that event the Judge must sentence you to a minimum term of imprisonment.

[5]      I now direct the preparation of a pre-sentence report by the Probation Service.

[6]      You are remanded in custody, Mr Mahia, until 19 June 2014 at 10.00 am when you will be sentenced.

Solicitors:

Preston Russell Law, Invercargill

AWS Legal, Invercargill