Legal Research
Cases
R v Maniapoto

R v Maniapoto

Case [2022] NZHC 2974 14 November 2022

No judgment structure available for this case.

Type to search within this case.

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2022-063-12

[2022] NZHC 2974

THE KING

v

CHADWICK GEORGE MANIAPOTO

Hearing: 14 November 2022

Appearances:

A Gordon for Crown B Smith for Defendant

Sentencing:

14 November 2022

SENTENCING NOTES OF WOOLFORD J

Solicitors: Gordon Pilditch (Office of the Crown Solicitor), Rotorua Counsel: B Smith, Tauranga

R v MANIAPOTO [2022] NZHC 2974 [14 November 2022]

[1] Chadwick Maniapoto, you appear for sentence having pleaded guilty on 16 September 2022 to wounding with intent to cause grievous bodily harm, causing grievous bodily harm with intent to cause grievous bodily harm,1 and aggravated assault.2

Facts

[2] The summary of facts to which you pleaded guilty records that on 1 January 2022 you and your wife were staying at your mother’s address in Motutere, drinking and socialising with family at a nearby address.

[3] From about midnight, you became increasingly aggressive toward the first victim, your wife. Your family members told you to stop, but you continued and as a result a family member called the Police. You were issued a Police Safety Order, which was to expire at midday on 2 January 2022. At that point, you returned to your mother’s address, and your wife stayed where she was and went to sleep.

[4] At about 7.00 am that morning you returned to the address and tried to pull your wife out of bed. You were told to leave. At about 9.00 am you were seen pushing your wife into a wall, to prevent her from leaving. At midday you and your wife were seen walking away from your mother’s house. You were trying to hold her hand, which she was pulling away. You both then turned and returned to the house.

[5] About 15 minutes later, you were found kneeling on top of your wife on the lawn of the address. You repeatedly stabbed her in the side with a small pair of scissors. A neighbour pulled you off her and disarmed you. Your family took her inside and tried to stop the bleeding. The neighbour restrained you until he thought you had calmed down. This first episode is the basis of the charge of wounding with intent to cause grievous bodily harm.

[6] Once you were released by the neighbour, you then entered the house, picked up a large carving knife and went to where your wife was lying being tended by family members. You again stabbed her repeatedly in the body, face and neck.

1 Crimes Act 1961, s 188(1).
2 Section 192.

[7] When your mother tried to put herself between you and your wife you pushed her away, causing her to fall to the floor and hit her head. You then continued to stab your wife. This second episode is the basis of the charge of causing grievous bodily harm with intent to cause grievous bodily harm. When your mother tried to intervene a second time, you pushed her to…

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 Maniapoto

Details

AGLC: R v Maniapoto [2022] NZHC 2974
Case: [2022] NZHC 2974
Decision Date: 14 November 2022

CaseChat Overview and Summary

Chadwick Maniapoto appeared before Woolford J in the High Court of New Zealand, Rotorua Registry, for sentencing following his guilty pleas to charges of wounding with intent to cause grievous bodily harm, causing grievous bodily harm with intent to cause grievous bodily harm, and aggravated assault. The charges stemmed from a violent incident on 1 January 2022 where Maniapoto attacked his wife with a pair of scissors and a knife, causing her severe injuries, and also assaulted his mother when she attempted to intervene. Maniapoto's wife was in critical condition and required extensive medical treatment.

The court considered the aggravating factors of the offence, which included the extreme and prolonged nature of the violence, the use of multiple weapons, attacks on the victim's head and neck, and the vulnerability of the victim. The court also noted that although the offending was largely impulsive, there were elements of premeditation. The Crown argued for a 12-year starting point, while the Defence submitted that a nine to ten-year starting point was more appropriate. The court determined that Maniapoto's offending was slightly less serious than one cited case and equally serious to another, resulting in a 10-year starting point.

The court then assessed the mitigating factors presented by the Defence. These included Maniapoto's guilty pleas, his efforts to abstain from alcohol and participate in rehabilitative programs, and his offer to attend restorative justice. The court also considered the cultural report which outlined Maniapoto's difficult upbringing and potential undiagnosed mental health conditions. Ultimately, the court decided to apply a 35% discount to the starting point, resulting in a total sentence of six years and six months' imprisonment for the two primary charges, and 18 months' imprisonment concurrently for the aggravated assault charge.

In summary, the court sentenced Chadwick Maniapoto to six years and six months' imprisonment for the charges of wounding and causing grievous bodily harm with intent, and an additional 18 months' imprisonment concurrently for the aggravated assault charge, reflecting the seriousness of the offences and the mitigating factors presented.

Orders