IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
CRI-2013-043-1754 [2014] NZHC 3244
THE QUEEN
v
SHILOH MAREIKURA
Hearing: 16 December 2014 Appearances:
J Marinovich for the Crown
P Mooney for the DefendantJudgment:
16 December 2014
SENTENCING REMARKS OF THOMAS J
Solicitors:
C&M Legal, Auckland.
Mooney & Webb, New Plymouth.
R v MAREIKURA [2014] NZHC 3244 [16 December 2014]
[1] Shiloh Mareikura, you appear today for sentencing having pleaded guilty to one charge of murder.
[2] The sentence for murder is life imprisonment, unless it would be manifestly unjust.1 In your case there is no suggestion that a sentence of life imprisonment would be unjust so that is the sentence that I will impose on you. The question I must decide is what minimum period of imprisonment should be imposed. That is the term that you must serve before you can be eligible for parole.
Facts of the offending
[3] On 21 November 2012, you were convicted in the Hawera District Court for contravening a protection order, threatening to kill and breaching court release conditions. You were sentenced to 10 months’ imprisonment on the charge of threatening to kill and eight months concurrently on each of the other two charges.
[4] On 10 April 2013 you were released from prison on conditions. Those were:
(a) not to enter the township of Opunake without the express consent of a probation officer; (b)
to attend an assessment for substance abuse, alcohol and drugs as recommended; and
(c)
to attend an assessment for domestic violence counselling and to attend and complete any treatment programme.
[5]
You
were given written approval on 4 September 2013 to return to Opunake
and attend the tangi of Ms Lellmann, a friend of your mother’s. You were to stay with your mother in Opunake for one night only, being 4 September, and to leave
Opunake by 5 pm on 5 September 2013.
1 Sentencing Act 2002, s 102(1).
[6] You did not, in fact, attend the tangi at the marae. You arrived at your mother’s address at around 6 pm on Wednesday 4 September. You showered, then went to the Surf Inn to socialise. When the Inn closed at around 11 pm, you continued socialising at an address on Domett Street. At around 3 am you returned to your mother’s address.
[7] When you got to your mother’s house, you woke family members and your mother twice told you to quieten down. She describes you as being under the influence of alcohol and/or drugs. You told your younger brother and nephew, who were woken up, that you were looking for a screwdriver and/or a knife. A short time later you left your mother’s address.
[8] At around 5 am you knocked on the door of the victim, Mr Desroe Bishop. Mr Bishop answered the door. Hone, Mr Bishop’s son, heard a male voice say “Where are the drugs?”. There was a brief argument between you and Mr Bishop. He told you to leave. There was a…
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- R v Mareikura [2014] NZHC 3244
- Case
- [2014] NZHC 3244
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CaseChat Overview and Summary
In summary, the court sentenced the defendant to life imprisonment for the charge of murder, with a minimum term of 15 years. The decision took into account the defendant's personal circumstances, the level of brutality involved in the offence, and the purposes of sentencing, including accountability, denunciation, deterrence, and community protection.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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