R v Rameka

[2014] NZHC 2022

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF VICTIM PURSUANT TO S 202 CRIMINAL PROCEDURE ACT 2011.

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2013-063-651 [2014] NZHC 2022

THE QUEEN

v

BRENDA-LEE RAMEKA AND

SIMON TEHUIRA RAMEKA

Hearing:	25 August 2014
Counsel:	N Tahana for Crown T Balme for Defendant Brenda-Lee Rameka M Simpkins for Defendant Simon Tehuira Rameka
Sentence:	25 August 2014

SENTENCING NOTES OF FOGARTY J

Solicitors:           Gordon Pilditch

R v RAMEKA AND RAMEKA [2014] NZHC 2022 [25 August 2014]

Simon Tehuira Rameka

[1]      Mr Rameka,  you have been in Court this morning and had  a sentencing indication.  My sentence indication will become the analysis for sentencing and this document will be made available to the news media very shortly.

[2]      You were in Court when I read out the sentencing analysis this morning so I do not consider it necessary to read it out to you again.   Your counsel has also assisted in this process, including informing me that there is no need for a PAC report so we will now move straight to the sentence.

[3]      Pursuant then to the sentencing indication, on the first charge of unlawfully detaining the complainant with intent to cause her to be confined, you are sentenced to 3 years imprisonment.

[4]      On the other charges – the second, third and fourth charges because they were arising out of the same event and are concurrent, you are going to be sentenced on each charge for 2½ years, to be served concurrently with the principal sentence.

Three strikes warning

[5]     Mr Simon Rameka, given your conviction of unlawfully detaining the complainant with intent to cause her to be confined, you are now subject to the three strikes warning.   I am now going to give you a warning of the consequences of another  serious  violence  conviction.    You  will  also  be  given  a  written  notice outlining these consequences which lists the serious violent offences.

[6]      If  you  are convicted of  any serious  violent  offences,  other than  murder, committed after this warning and if a judge imposes a sentence of imprisonment, then  you  will  serve  that  sentence  without  parole  or  early  release.    If  you  are convicted of murder committed after this warning, then you must be sentenced to life imprisonment.   That will be served without parole unless it would be manifestly unjust.   In that event, the judge must sentence you to a minimum term of imprisonment.

Brenda-Lee Rameka

[7]      In the case of Brenda-Lee, you have pleaded guilty to these charges.  I have given a partial sentencing indication to the extent that we were able to take it today. You will be sentenced on Wednesday, 29 October at 9.00 a.m.

[8]      I am sorry, Ms Brenda-Lee Rameka, I am not going to continue your bail. You pleaded guilty to very serious offences.  I am not making any judgment as to what the end sentence will be because there are other issues, such as your counsel has canvassed this morning and now, that I need to consider.  But, equally, I don’t want to jump the other way and give to you or suggest to the community that a home detention is in my mind as an appropriate sentence.  I don’t have any judgment as to the end sentence at this stage but, in the light of my sentencing indication, as your counsel has said, your sentencing indication has to be reduced by 18 months before you get within the zone of a possibility of a home detention sentence.   In these circumstances, I think my duty is that you are remanded in custody until the sentencing day and on that day I will be looking at all the factors that can be brought to bear to assess the final sentence.

[9]      I am prepared to call for an appendix.  Having examined the possibility of home detention.  I just want to make it very clear that I have, at this stage, no views on that subject at all and, indeed, your client has recognised that a lot of factors would have to work in your favour for that to apply because of the seriousness of the charges that you have pleaded guilty.

[10]     So the usual reports will be prepared by the Department of Corrections, plus an appendix on the possible suitability of a home detention sentence.

Three strikes warning

[11]     Brenda-Lee Rameka, you have pleaded guilty to unlawfully detaining the complainant with intent to cause her to be confined.  Given your conviction for that, which has been entered today, you are now subject to the three strikes warning.  I am now going to give you a warning of the consequences of another serious violence

offence conviction.   You will also be given a written notice outlining these consequences which lists the serious violent offences.

[12]     If  you  are convicted of  any serious  violent  offences,  other than  murder, committed after this warning and if a judge imposes a sentence, then you will serve that sentence without parole or early release.   If you are convicted of murder committed after this warning, then you must be sentenced to life imprisonment. That will be served without parole unless it would be manifestly unjust.  In that event, the judge must sentence you to a minimum term of imprisonment.