R v Rangirangi - [2023] NZHC 1320

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-092-7343

[2023] NZHC 1320

THE KING

v

NUI RANGIRANGI

Hearing: 30 May 2023

Counsel:

C Piho for Crown

P J Kaye for Defendant

Sentence:

30 May 2023

SENTENCING NOTES OF HINTON J

Solicitors: Kayes Fletcher Walker, Auckland

R v RANGIRANGI [2023] NZHC 1320 [30 May 2023]

Introduction

[1] Mr Nui Rangirangi, on 4 April 2023 following a Judge alone trial I convicted you of one charge of causing grievous bodily harm with intent to cause grievous bodily harm.1 You now appear for sentencing.

Your offending

[2] You and the victim, Mr Cocker, were residing at a Grace Foundation boarding house in Māngere at the time of the offending, along with another eight or so men. It seems that you at least had been placed there on EM bail. On 23 July 2020, you and the victim got into a physical altercation over $50. The victim said he won that fight. He punched you at least three times to the face and jaw. You ended up on the ground. A short time later, you confronted the victim in the lounge of the boarding house with a knife, approximately 30 cm long. You then stabbed the victim five times, twice to the back, once to the left side of his body, and twice to his head (once near his temple and once near his ear). The victim had injuries including a skull fracture, a broken rib, and a collapsed lung.

[3] The victim drove himself to hospital, at which point hospital staff called the police. You were arrested the next morning.

Approach to sentencing

[4] I will return to your personal circumstances shortly and now address the approach I have to take to sentencing.

[5] In sentencing you I must have regard to the principles and purposes of sentencing as outlined in the Sentencing Act 2002. In your case I must keep at the forefront the need to hold you accountable for the harm done, invoke a sense of responsibility for that harm, denounce your conduct and deter you and others from offending in the same manner. I also have regard to your rehabilitation and reintegration into society. At the same time, I must consider the seriousness and nature

1 Crimes Act 1961, s 188(1). Maximum penalty of 14 years’ imprisonment.

of your offending and adopt the least restrictive outcome while maintaining parity with similar cases.

Starting point

[6] The tariff case for offending involving grievous bodily harm is R v Taueki.2 The Court of Appeal outlined three bands of proposed starting points of which, most relevantly here, for band two the starting point is 5 – 10 years’ imprisonment.3

[7] The Court of Appeal also outlined factors which may aggravate or mitigate the seriousness of grievous bodily harm offending.4

[8] Both the Crown and your counsel submit your offending falls between band two and band three, and they suggest starting points of…

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 Rangirangi

Details

AGLC: R v Rangirangi [2023] NZHC 1320
Case: [2023] NZHC 1320
Decision Date: 30 May 2023

CaseChat Overview and Summary

In the High Court of New Zealand, Auckland Registry, Mr Nui Rangirangi was convicted of causing grievous bodily harm with intent. The defendant now faces sentencing. The incident occurred on 23 July 2020, when Mr Rangirangi and the victim, Mr Cocker, engaged in a physical altercation at a boarding house in Māngere. The altercation escalated, leading Mr Rangirangi to stab Mr Cocker multiple times with a knife, resulting in severe injuries including a skull fracture, a broken rib, and a collapsed lung. The victim drove himself to the hospital, leading to Mr Rangirangi’s arrest the following morning.

The legal issues in this case revolve around determining an appropriate sentence for Mr Rangirangi that aligns with the principles and purposes of sentencing as outlined in the Sentencing Act 2002. The court must consider the need to hold Mr Rangirangi accountable for the harm caused, invoke a sense of responsibility, denounce the conduct, and deter similar offending. Additionally, the court must consider Mr Rangirangi’s personal circumstances and the seriousness of the offending.

The court determined that Mr Rangirangi’s offending fell into band two of the tariff for grievous bodily harm, with a starting point of 5 to 10 years’ imprisonment. The court identified key aggravating factors, such as the use of a knife, attacks to the victim’s head, and extreme violence. However, the court also considered mitigating factors, including Mr Rangirangi’s background of systemic deprivation, exposure to violence, and efforts toward rehabilitation. After balancing these factors, the court set a starting point of six years’ imprisonment, with additional uplifts for previous convictions and offending while on bail. Ultimately, the court sentenced Mr Rangirangi to four years and three months’ imprisonment, reflecting a 33 per cent discount for mitigating factors.

Orders