IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2016-070-2233
[2020] NZHC 2722
THE QUEEN v
SURENDER SINGH MEHROK
Hearing: 15 October 2020 Appearances:
K Raftery QC and J M Sutton for the Crown R Stevens and K Hadaway for the Defendant
Sentencing:
15 October 2020
SENTENCING NOTES OF GORDON J
Solicitors: Crown Solicitor, Tauranga
Public Defence Service, Tauranga
Counsel: K Raftery QC, Auckland
R v MEHROK [2020] NZHC 2722 [15 October 2020]
Introduction
[1] Mr Mehrok you are for sentence having been found guilty of manslaughter by a jury.
Facts
[2] The victim was Richard Royal Orif Takahi Winiata Uddin. Baby Royal, as he was known, was just 14 weeks old when he died. He was the infant son of Nikita Winiata-Uddin, who was, or had been, your partner.
[3] The events occurred in a house in Tauranga. You were living in the garage along with another boarder, Sukwinder Singh. Ms Winiata-Uddin and baby Royal were living in the house on the property. The tenancy was held by another woman, who I will refer to simply by her Christian name, Tatiana. She lived in the house along with her partner, their two children and Tatiana’s two children from a former relationship. The oldest child was a five year old boy, T. The youngest was still an infant, three months older than baby Royal.
[4] In the early evening of 7 June 2016, everyone was at home. Ms Winiata-Uddin, Tatiana and her partner together with one of their children went out to get takeaway pizza for dinner. They were away for about half an hour.
[5] You were left in charge of baby Royal while Sukwinder was in charge of Tatiana’s three children, the six month old and the two older boys.
[6] Initially you were all in the sitting room and the children were dressed ready for bed. After about 10 minutes baby Royal started to cry. You picked him up, walked around with him and tried to give him some milk. He did not stop crying. You went into one of the bedrooms carrying baby Royal on three or four occasions. Tatiana’s five year old son, T, saw you in the bedroom with baby Royal. Sukwinder did not see what happened as he remained in the lounge with the other children.
[7] T described your conduct towards baby Royal in various ways. He said in an interview on 8 June 2016 you threw the baby on the bed hard and hit the baby in the
face with your hand; he said in an interview on 11 August 2016 that you threw the baby on the bed, describing it as a little throw; in evidence taken on 13 December 2016 he said you threw the baby onto the bed and that the baby’s head nearly hit the wall. He also said you did not hit the baby. To other witnesses he said you had hit the baby and thrown the…
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- AGLC
- R v Mehrok [2020] NZHC 2722
- Case
- [2020] NZHC 2722
- Decision Date
CaseChat Overview and Summary
The court acknowledged the extreme nature of the violence inflicted on the infant and the profound breach of trust by the defendant, who was responsible for the child's care. The court also noted the defendant's previous convictions for violence against children, which warranted an uplift in the starting point. However, the court recognised mitigating factors such as the defendant's age and his difficult personal circumstances, which led to a discount of five percent. Additionally, the court granted a 15 percent discount for the defendant's offer to plead guilty to manslaughter, albeit not at the earliest opportunity. The court ultimately determined that a minimum period of imprisonment was necessary to hold the defendant accountable for the harm caused, denounce the conduct, and deter similar offending.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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