Counsel:
S B Manning and J E Rielly for Crown

Mr Rakuraku in person
E R Fairbrother QC and L P F Lafferty as amicus curiae

Sentencing:

12 December 2014

SENTENCING NOTES OF WILLIAMS J

Introduction

[1] Steven Tiwini Rakuraku you appear today to be sentenced on 10 separate counts.

[2] In relation to Shaun Price: (a) kidnapping;
(b) threatening to do grievous bodily harm; and

(c) injuring with intent to injure (representative). [3] In respect of Wi Kuki Rewharewha:
(a) assault.

R v RAKURAKU (SENTENCING NOTES) [2014] NZHC 3270 [12 December 2014]

[4] With respect to Johnny Wright:

(a) injuring with intent to injure; (b) kidnapping; and
(c) murder.

[5] With respect to Lillian Hilton:

(a)
being    a   male,    assaulted

(representative);
her    between   May    and   June    2011

(b)

being    a    male,    assaulted

(representative); and

her    between    June    and   July    2011

(c) attempting to pervert the course of justice.

[6] Clearly the most important matter for sentencing purposes is the murder of

Johnny Wright. Much of what I will say hereafter will focus on that issue.

Factual basis for sentencing

[7] But let me start first for the factual basis for sentencing.

[8] The offending against Shaun Price occurred toward the end of 2010. The evidence said you needed somebody to drive you to Hastings. According to Mr Price, you told him you wanted a ride to Taupo and then forced him to keep going, punching him repeatedly on the journey. And then in Hastings you held him there against his will by threatening serious harm to him. At one point you held a pair of scissors to his throat. And on other occasions you punched him in the face. These attacks caused several injuries to his face and the loosening of his teeth, he said.

[9] Your offending against Wi Kuki Rewharewha followed the same sort of pattern. There was a warrant for your arrest at this stage and you were lying low and without money. You walked into his life and took it over. You took over his accommodation, his Eftpos card and finances, his phone and his car. So Mr Rewharewha met those two needs for you – a place to hide and some money. You had him do work for you and you beat him.

[10] Now Johnny Wright was a mental health patient as we have discussed today. He suffered from social anxiety and much preferred his own company. He took medication for his condition.

[11] He was described by his friends and by professionals who gave evidence as “a gentle soul”, “delicate”, and “not at all robust”. The Crown was right when it said that Mr Wright was the perfect target for your MO. You could easily bend him to your will with your physicality and your personality. He too provided you with a safe haven from authorities and money which you wouldn’t otherwise have.

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 Rakuraku

Details

AGLC: R v Rakuraku [2014] NZHC 3270
Case: [2014] NZHC 3270
Decision Date: 12 December 2014

CaseChat Overview and Summary

Steven Tiwini Rakuraku was sentenced in the High Court of New Zealand, Napier Registry, on ten separate charges including kidnapping, threatening to do grievous bodily harm, injuring with intent to injure, assault, and murder. The court heard evidence of Rakuraku's brutal and prolonged beatings of Johnny Wright, culminating in his death, and his manipulation and abuse of other victims for financial gain and shelter. The court considered victim impact statements from the victims' families and a cultural impact report from Rakuraku's sister, highlighting the devastating effects of his crimes. The court determined that Rakuraku's crimes involved a high level of brutality, cruelty, and callousness, and that he lacked empathy and insight into the severity of his actions. The court imposed a sentence of life imprisonment with a minimum period of 17 years for the murder of Johnny Wright, and concurrent sentences for the other charges.

The court considered whether to impose a minimum period of imprisonment of at least 17 years, based on factors such as the offence being committed while another serious offence was being committed, the level of brutality, and the vulnerability of the victim. The court found that all three factors were present and imposed the higher minimum period of imprisonment. The court also considered mitigating factors such as Rakuraku's difficult upbringing, potential mental health issues, and the impact of his criminal history on his current offending. However, the court found that these factors did not outweigh the seriousness of the crimes and the need for punishment and deterrence.

Orders