IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2018-019-001105
[2019] NZHC 744
THE QUEEN v
TENESHIAH PUHINAHINA PATANGATA
Hearing: 9 April 2019 Counsel:
L Dunn for Crown
MJ Dyhrberg QC for Defendant
Judgment:
9 April 2019
SENTENCING REMARKS OF DOWNS J
Solicitors/Counsel:
Crown Solicitor, Hamilton. MJ Dyhrberg QC, Auckland.
R v PATANGATA [2019] NZHC 744 [9 April 2019]
[1] I begin by acknowledging the presence of whānau and how this is a difficult day for everyone. I thank you for your participation.
Facts
[2] Ms Teneshiah Patangata, you are for sentence for manslaughter. On 1 January 2018, you stabbed your partner, Mr Peter Savage, to the neck with a butcher’s knife. The wound you inflicted cut Mr Savage’s jugular vein, carotid artery and into his fifth vertebrae. Mr Savage quickly lost consciousness. And died.
[3] You had been in a relationship with Mr Savage for approximately two years. Trial evidence revealed he was an excellent step-father to your four young children. But, your relationship with Mr Savage could be turbulent. I return to this later.
[4] You committed this offence in the wake of a New Year’s Eve party, attended by whānau and friends. You and Mr Savage had been drinking. And arguing. The argument escalated to violence when you slapped Mr Savage to the face. You and he then hit each other. Mr Savage twice kicked your legs. He also grabbed your throat with one hand, choking you, albeit not for long. The fight then moved near a barbeque. You and he continued to hit each other. On the wall above the barbeque was a set of knives. You grabbed one and—as I have said—stabbed Mr Savage to the neck. You held Mr Savage as he died. Members of his family tried to save him—but could not. Only immediate medical attention might have saved his life.
[5] Police were quickly on the scene. You made a video-recorded statement that evening. You said everything had been “good” at the party before you and Mr Savage began arguing. You described slapping Mr Savage and the ensuing fight. But, you denied stabbing him. You said you had nothing in your hand when he fell to the ground, fatally injured. You said you did not know what caused him to fall, or the cause of his injury.
[6] You were charged with murder. You advanced many defences at trial. I use the term “defences” broadly, and not in a technical sense. You argued Mr Savage might have killed himself with the knife, as he had been very unhappy six weeks
earlier. You also raised self-defence, and the possibility you had not intentionally stabbed him. You disputed murderous intent too. You did not testify.
[7] The jury found you not guilty of murder, but guilty of manslaughter. It follows the jury concluded you killed Mr Savage by stabbing him, without intending to cause him injury known to be likely to cause death.
[8] I am…
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- AGLC
- R v Patangata [2019] NZHC 744
- Case
- [2019] NZHC 744
- Decision Date
CaseChat Overview and Summary
The final orders of the court were that Teneshiah Patangata be sentenced to a term of five years' imprisonment for the manslaughter of Peter Savage, all of which must be served.
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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