IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
CRI-2012-070-1557 [2013] NZHC 2711
THE QUEEN
v
WITERI AHOMIRO NEKETAI JOSEPH REWIRI
Charges: Pleas: | Murder (Neketai) Manslaughter (Rewiri) Not Guilty (Neketai) Guilty (Rewiri) |
Counsel: | N Belton for Crown AC Balme for Neketai AF Rickard-Simms and K Cihan for Rewiri |
Sentenced: | 18 October 2013 |
SENTENCING NOTES OF BREWER J
Solicitors:Ronayne Hollister-Jones Lellman (Tauranga) for Crown Anthony Balme (Tauranga) for Neketai
Pacific Coast Law (Papamoa) for Rewiri
R v NEKETAI & REWIRI [2013] NZHC 2711 [18 October 2013]
Introduction
[1] Mr Neketai, the jury found you guilty of the murder of Gary Kimura.
[2] Mr Rewiri, you pleaded part way through trial to the manslaughter of Mr Kimura.
[3] I must sentence you both accordingly.
Facts
[4] The jury heard all the facts. I will set them out briefly.
[5] Mr Rewiri is a prisoner serving a life sentence for murder since 2008. Nevertheless, he had access to a cellphone. In late September 2011, Mr Rewiri used the cellphone to make arrangements with Mr Neketai to collect an alleged drug debt of $35,000 from Mr Kimura, a 44 year old man who was living in Tauranga with his family. In the text message conversation, Mr Rewiri encouraged Mr Neketai to seriously assault Mr Kimura during the course of the debt collection. Mr Neketai agreed. The motive for both men was to get money, namely a share of the debt.
[6] On 5 October 2011, Mr Neketai borrowed a car and with two associates drove to Mr Kimura’s home. In accordance with a plan to lure Mr Kimura outside, one of the associates knocked on the door. He was a young man not known to Mr Kimura. Mr Kimura’s daughter answered the door and the associate asked for Mr Kimura. The daughter fetched Mr Kimura who came to the door and went outside. He was confronted by Mr Neketai on the driveway in front of the garage. Mr Neketai demanded the money. When Mr Kimura refused, Mr Neketai punched Mr Kimura in the head very hard. The force of the blow caused the 109 kg Mr Kimura to fly through the air and land on the concrete, hitting his head.
[7] I find as a fact that Mr Neketai then kicked Mr Kimura at least once in the head while he lay on the ground already bleeding profusely. I accept that it was the punch which was the fatal blow but the jury was entitled to regard the kick as evidence of Mr Neketai’s intent when he punched Mr Kimura.
[8] The Crown’s case was not that Mr Neketai went to Mr Kimura’s house intending to kill him. Neither was it the Crown’s case that Mr Neketai intended to kill Mr Kimura when he punched him. The Crown’s case, which the jury found proved, was that when Mr Neketai punched Mr Kimura he intended to cause Mr Kimura bodily injury which he knew was likely to cause death and he was reckless whether death…
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CaseChat Overview and Summary
The reasoning behind the sentences focused on the gravity of the crimes, the intent and planning behind them, and the personal histories of the defendants. For Neketai, the court emphasised the need to protect the community from a repeat offender who showed a pattern of violent criminal behaviour. The increased minimum period of imprisonment aimed to reflect the high risk of reoffending. For Rewiri, the sentence recognised his role in the crime but also his existing life sentence and the potential for the Parole Board to manage his risk within that framework. The court balanced the need for punishment with the possibility of rehabilitation, taking into account the defendants' backgrounds and the impact of their actions on the victims and their families.
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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