R v Maru - [2018] NZHC 1562

IN THE HIGH COURT OF NEW ZEALAND

WELLINGTON REGISTRY

CRI-2017-096-4072

CRI-2017-083-696 [2018] NZHC 1562

THE QUEEN

v

SHANE MARU

Counsel: J M O’Sullivan for Crown S Gill for Defendant

Sentencing:

21 June 2018

SENTENCING REMARKS OF CHURCHMAN J

[1] Mr Maru, you appear for sentence today having been found guilty by a jury of the offence of sexual violation by rape.1 You had already pleaded guilty to two other charges connected with that offending: one of those wounding with intent to cause grievous bodily harm,2 a very serious offence; and the other, theft of property worth
$500 or less.3

[2] Sexual violation by rape and wounding with intent to cause grievous bodily harm are both serious offences as categorised by s 86A of the Sentencing Act 2002, and you will recall that first strike warnings were given to you at the time of the entry of the convictions.

[3] In addition to those matters, today you are for sentence on a number of other matters from the District Court to which you have entered pleas of guilty. These are:

1      Crimes Act 1961, s 128(1)(a) and 128B. Maximum penalty is 20 years’ imprisonment.
2      Section 188(1). Maximum penalty is 14 years’ imprisonment.
3      Sections 219 and 223(d). Maximum penalty is three months’ imprisonment.

R v MARU (SENTENCING REMARKS) [2018] NZHC 1562 [21 June 2018]

(a)wilful damage;4

(b)burglary;5

(c)male assaults female;6

(d)aggravated injury to a police officer;7

(e)driving in a dangerous manner;8

(f)failing to remain stopped for an enforcement officer;9

(g)failing to stop for red and blue lights;10

(h)driving while your licence was suspended or revoked;11 and

(i)giving false details as to your identity.12

[4]The sentencing this afternoon, the structure of it is that I will address:

(a)your offending;

(b)the approach that I am taking to the sentence;

(c)the starting point that I have adopted which is something your counsel and counsel for the Crown have made submissions to me about;

4      Summary Offences Act 1981, s 11(3)(a). Maximum penalty is three months’ imprisonment or a fine of $2,000.
5      Crimes Act 1961, s 231(1)(a). Maximum penalty is 10 years’ imprisonment.
6      Section 194(b). Maximum penalty is two years’ imprisonment.
7      Section 191(2). Maximum penalty is seven years’ imprisonment.
8      Land Transport Act 1998, s 35(1)(b). Maximum penalty is three months’ imprisonment or a fine of $4,500.
9      Section 52(1)(aa). Maximum penalty is a fine of $10,000.
10     Section 52(1)(c), 52(3) and 52(5). Maximum penalty is a fine of $10,000.
11     Section 32(1)(c) and 32(3). Maximum penalty is three months’ imprisonment or a fine of $4,500, and disqualification from holding or obtaining a driver licence for six months.
12     Section 44. Maximum penalty is a fine of $10,000 and disqualification from holding or obtaining a driver licence for three months.

(d)the adjustments that I make to that starting point to reflect what has been described as the totality of your offending and, also to consider the adjustments necessary in relation to your prior convictions and to your guilty pleas to the…

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 [2018] NZHC 1562
Case: [2018] NZHC 1562
Decision Date: 21 June 2018

CaseChat Overview and Summary

Shane Maru was sentenced for a range of criminal offences, including sexual violation by rape, wounding with intent to cause grievous bodily harm, and various other charges transferred from the District Court. The legal issues before the court were determining an appropriate starting point for the sentence, considering the totality of the offending, and imposing a minimum period of imprisonment. The court found that the sexual violation by rape and wounding with intent to cause grievous bodily harm were serious offences that warranted concurrent sentences, with sexual violation by rape as the lead offence. The court considered the totality of the offending and imposed cumulative sentences for the charges transferred from the District Court. After considering the aggravating and mitigating factors, the court determined a starting point of 12 years six months’ imprisonment for the sexual violation by rape, and a global starting point of 14 years nine months’ imprisonment for all charges. The court applied adjustments for the defendant's youth, remorse, and guilty pleas, resulting in a final sentence of 12 years six months’ imprisonment, with an MPI of seven years four months. The court also made a victim protection order.

The final orders of the court were:
(a) The defendant is sentenced to 12 years six months’ imprisonment, with an MPI of seven years four months.
(b) The court makes a victim protection order.
(c) There is to be no reparation order.

Orders