R v Maka - [2020] NZHC 1161

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2019-092-011080

[2020] NZHC 1161

THE QUEEN

v

SIOSAIA JOE MAKA

Hearing: 29 May 2020

Counsel:

DB Stevens and YH Olsen for Crown GJ Newell for Defendant

Judgment:

29 May 2020

SENTENCING REMARKS OF DOWNS J

Solicitors/Counsel:
Crown Solicitor, Manukau. GJ Newell, Auckland.

R v MAKA [2020] NZHC 1161 [29 May 2020]

[1] Mr Maka, you are for sentence on four charges: assault with a weapon; assault with intent to injure; common assault; and manslaughter. The last is the most serious by an appreciable margin.

[2] I pause to acknowledge the presence of Mr Maka’s family members; welcome. I gather none of the victims is here this morning, but the victim impact statement of Ms Awhina Rogers was read aloud.

[3] I return to you Mr Maka. All your offences concern an incident in the early hours of 19 October 2019. At 3.45 that morning, you and others went to the home of the victims in Māngere. You did so because one of your co-offenders was angry about something said a little earlier on the telephone by one of the victims. The two were once in a relationship. You had a sawn-off shotgun. The victims were already outside. You and your co-offenders approached them and said, “Do you know who you are messing with?”.

[4] You pointed the gun at the chest of Ms Rogers. She pushed one of her (adult) children behind her. She grabbed the barrel. She heard the gun click three times. She implored you not to shoot her children. One of your co-offenders spoke to you in Tongan. You left the driveway and returned the gun to the car. This sequence captures the assault with a weapon charge, which is punishable by a maximum of five years’ imprisonment.

[5] A co-offender then attacked Ioteva Taikoko, an 18-year-old. Mr Taikoko fell to the ground. You joined the attack. You and your co-offender repeatedly punched Mr Taikoko to the head while he was defenceless on the ground. This explains the assault with intent to injure charge. It carries a maximum penalty of three years’ imprisonment.

[6] You then attacked Rocky Rogers, a 23-year-old. You punched him to the head. He fell to the ground. Mr Rogers got up and tried to leave. You pursued him. You continued to punch him. This sequence captures the assault charge, the maximum penalty for which is 12 months’ imprisonment.

[7] Hashim Saad—Mr Rogers’ stepfather and Ms Rogers’ partner—came out of the house. He went to help his stepson, whom, as I have just said, you were attacking. Mr Saad said “no, no”. You turned to face him. Mr Saad walked backwards for five or six metres. You followed. You then punched Mr Saad with an uppercut. You hit him to the jaw. Your punch stunned him. He fell to the ground. He hit his head on the concrete, and later died. You and your co-offenders…

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 Maka

Details

AGLC: R v Maka [2020] NZHC 1161
Case: [2020] NZHC 1161
Decision Date: 29 May 2020

CaseChat Overview and Summary

The case of R v Maka before the Auckland Registry of the High Court of New Zealand involved the sentencing of Siosaia Joe Maka on four charges: assault with a weapon, assault with intent to injure, common assault, and manslaughter. The incident in question occurred on October 19, 2019, at the home of the victims in Māngere. Maka and his co-offenders went to the victims' residence armed with a sawn-off shotgun due to a prior dispute. During the confrontation, Maka pointed the shotgun at one of the victims, Ms. Awhina Rogers, while she shielded her children. He then participated in the assault of Mr. Ioteva Taikoko and Rocky Rogers, and ultimately punched Mr. Hashim Saad, causing him to fall and hit his head, leading to his death. Maka pleaded guilty to all charges, leading to the court's determination of his sentence.

The legal issues before the court involved determining an appropriate starting point for the manslaughter charge and the additional sentence for the other offences. The Crown argued for a starting point of five years' imprisonment for the manslaughter, with an additional year for the other charges. In contrast, the defence suggested a starting point of four years for the manslaughter and six months for the other offences. The court had to consider various factors, including the nature of the offending, the harm caused, and Maka's personal circumstances.

Downs J, the presiding judge, determined that the manslaughter offence warranted a starting point of five years' imprisonment due to the premeditated and violent nature of the attack. The court added nine months for the other offences, considering their seriousness and cowardice. The judge acknowledged the significant harm caused to the victims and their families. Maka's personal circumstances, including his age, family support, and potential for rehabilitation, were also taken into account. The court granted discounts for his age, prompt guilty pleas, and the conditions of his bail. However, no additional discount for remorse was given as Maka's actions beyond pleading guilty were minimal.

The final sentence for Maka was 44 months, or three years and eight months, to be served concurrently. For the manslaughter of Mr. Saad, Maka was sentenced to three years and eight months. For the other offences, he received 18 months for the serious charges and three months for the common assault, all to be served concurrently.

Orders