R v Maru

Case [2023] NZHC 790 31 March 2023

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IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE

CRI-2022-016-001225

[2023] NZHC 790

THE KING

v

STELLA INIA MARU

Hearing: 31 March 2023

Appearances:

C Stuart for the Crown

T Epati for the Defendant

Sentencing:

31 March 2023

SENTENCING OF GRICE J

Introduction

[1] Ms Maru, you appear for sentencing today having pleaded guilty to manslaughter1 and attempting to pervert the course of justice.2

The offending

[2] The manslaughter charge is for causing the death of Lawrence Rangiwai by assault. You were also charged with attempting to pervert the course of justice by telling two of the victim’s relatives to lie to police about what happened to him.

1 Crimes Act 1961, ss 160(2)(a), 171 and 177 — maximum penalty life imprisonment.
2 Section 117(e) — maximum penalty seven years’ imprisonment.

R v MARU [2023] NZHC 790 [31 March 2023]

[3] You lived with your partner, your partner’s two children and your partner’s father, who was the victim. The victim at the time in August 2021 was 73 years old. He had been in poor health, he had received treatment for cancer in early 2021, he was frail, arthritic and unable to look after himself, he was in the full-time care of you and your partner.

[4] At about 8 am on 8 August 2021 you and your partner took the children and a child of close family friends out. When you returned with two of the children — your partner had gone to the friends’ home, you went home alone with the children — you found that the victim had not done what you had expressly asked him to do when you left and in particular he had not showered.

[5] You told one of the children to go and get your partner, who was at the family friends’ address up the road. The children present watched the altercation or the argument and the dispute that erupted. They told you to stop.

[6] You lifted the back of the rocking armchair the victim was sitting in and pushed him out of it onto the floor. When he tried to climb back into the chair, you pushed him out again. You then strangled him until he struggled to breathe. You applied pressure to his throat for some seconds before letting go.

[7] You picked up a dining chair and threw it, it hit the victim in the back. When he stood up with his back to you, you then pushed him with two hands, which caused him to propel forward towards the ranch slider door in the lounge. He fell into the window of the door, hitting his forehead as he fell and causing his neck to break. This fractured two of the cervical vertebrae and that injury damaged his spinal cord and stopped the oxygen flow to his brain.

[8] Your partner shortly returned home after that and saw the victim lying on the ground and heard you telling him 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 Maru

Details

AGLC: R v Maru [2023] NZHC 790
Case: [2023] NZHC 790
Decision Date: 31 March 2023

CaseChat Overview and Summary

Stella Inia Maru was sentenced by Grice J in the High Court of New Zealand for manslaughter and attempting to pervert the course of justice. Maru had pleaded guilty to the charges, which stemmed from an incident in August 2021 where she assaulted Lawrence Rangiwai, resulting in his death, and subsequently attempted to pervert the course of justice by instructing others to lie to the police about the circumstances surrounding the incident. The court heard victim impact statements from several family members, highlighting the profound impact of the offending on the whānau. Maru's personal circumstances, including her history of substance abuse, mental health issues, and socio-economic disadvantage, were also considered. The court determined a starting point for the manslaughter charge of five years' imprisonment and a starting point of one year for the attempt to pervert the course of justice, resulting in an overall starting point of six years' imprisonment. Various discounts were applied, including for Maru's guilty plea, good character, remorse, and personal circumstances, particularly the impact on her dependent children. The final sentence was two years' imprisonment, to be served as 12 months' home detention, with specific conditions to be met during the detention period.

The case involved complex considerations of culpability, mental health, and the impact on the victim's whānau. The court carefully balanced the aggravating and mitigating factors to arrive at an appropriate sentence that aimed to hold Maru accountable, deter future offending, and support her rehabilitation while also considering the welfare of her children.

Orders