R v Poihipi - [2019] NZHC 3048

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2018-063-3312

[2019] NZHC 3048

THE QUEEN

v

JASON WIREMU POIHIPI

Hearing: 22 November 2019

Appearances:

D McWilliam for the Crown

R O Gowing and C A Gentleman for the Defendant

Sentencing:

22 November 2019

SENTENCE OF GAULT J

Solicitors:
Mr D McWilliam and Ms G Banuelos, Gordon Pilditch, Office of the Crown Solicitor, Rotorua Mr R O Gowing and Ms C A Gentleman, Gowing & Co Ltd, Whakatane

R v POIHIPI [2019] NZHC 3048 [22 November 2019]

Introduction

[1] Jason Poihipi appears for sentence following his conviction by jury for murder. The victim was Lynace Parakuka. She was 22. Mr Poihipi and Ms Parakuka had been in a relationship on and off for about two years. Ms Parakuka died shortly after Mr Poihipi assaulted her by hitting and kicking her in the head. She was seven weeks pregnant. As counsel said, this is a tragedy on many levels.

[2] As Mr Poihipi has been convicted of murder, he must be sentenced to life imprisonment, unless it would be manifestly unjust to do so.1 The defence accept that it would not be manifestly unjust.

[3] The issue to be determined today, then, is what period Mr Poihipi must serve before he becomes eligible for parole: the minimum period of imprisonment.
That period must be not less than 10 years.2

[4] There is broad agreement between the Crown and the defence as to the appropriate sentence. Both submit the end sentence should be not much more than the minimum period of imprisonment of 10 years.

Facts of the offending

[5] On the evening of Friday 7 September 2018, following an argument, Mr Poihipi assaulted Ms Parakuka in the grounds of St Michael’s Catholic School in Rotorua. Mr Poihipi punched her in the head and face. She fell to the ground. There were 11 to 20 blows minimum to her head and face, including a kick to her face as she tried to get up – blows powerful enough to shift her brain inside her head, fracture her left eye socket, and damage blood vessels in and around her brain. She also suffered severe facial bruising. It was a sustained and frenetic attack.

[6] Mr Poihipi sat nearby for up to 20 minutes while she lay on the ground. Eventually he became concerned and went to get his cousin from a nearby house, who

1 Sentencing Act 2002, s 102(1).
2 Section 103.

called an ambulance. They tried to resuscitate Ms Parakuka while emergency services were on the way. They failed.

[7] Ms Parakuka took at least 20 minutes to die. The cause of her death was multiple brain injuries caused by blunt force trauma.

[8] Mr Poihipi waited at the scene and went with the Police afterwards. He initially claimed someone else had assaulted Ms Parakuka, but a day later admitted it was him.

Mr Poihipi

[9] Mr Poihipi is 20 years’ old. He…

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 Poihipi

Details

AGLC: R v Poihipi [2019] NZHC 3048
Case: [2019] NZHC 3048
Decision Date: 22 November 2019

CaseChat Overview and Summary

Jason Wiremu Poihipi was convicted by a jury of murdering Lynace Parakuka, who was 22 years old and seven weeks pregnant. Poihipi assaulted Parakuka by hitting and kicking her in the head, leading to her death. Poihipi was sentenced to life imprisonment for murder, with the primary issue being the minimum period of imprisonment before he becomes eligible for parole. The court considered various factors, including the level of violence, the vulnerability of the victim, and the effect on the victim's family. The court found a starting point of 12 years as a minimum period of imprisonment to be appropriate. After considering mitigating factors such as Poihipi's youth, remorse, and upbringing, the court imposed a global discount of 18 months, resulting in a final minimum period of imprisonment of 10 years and six months.

The High Court of New Zealand, Rotorua Registry, sentenced Jason Wiremu Poihipi to life imprisonment for the murder of Lynace Parakuka. The court considered the purposes of sentencing, including holding the offender accountable, denouncing the conduct, deterring others, and protecting the community. The court found that a sentence of life imprisonment would not be manifestly unjust and imposed a minimum period of imprisonment of 10 years and six months, reflecting the aggravating and mitigating factors of the case. The court emphasised that this is the period Poihipi will spend in prison before becoming eligible for parole, but his eventual release will be determined by the Parole Board.

Orders