R v Rangiwhaiao - [2012] NZHC 1751

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI 2011-070-7718 [2012] NZHC 1751

THE QUEEN

v

MARK ANTHONY RANGIWHAIAO

Hearing: 18 July 2012

Counsel: D J McWilliam for Crown
M G Dixon for Prisoner

Judgment: 18 July 2012

SENTENCING NOTES OF HEATH J

Solicitors:
Crown Solicitor, Tauranga
Public Defence Service, Tauranga

R V RANGIWHAIAO HC TAU CRI 2011-070-7718 [18 July 2012]

Introduction

[1] Mark Anthony Rangiwhaiao, you have pleaded guilty on arraignment this morning, following a sentence indication, to one count of murder. On that charge you are convicted.

[2] Conviction on that charge brings you within what is called the “three strikes” regime. I am required to give a warning to you. I do so in the words prescribed by Parliament.

[3] Given your conviction for murder, you are now subject to the “three strikes” law. 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 violence offences.

[4] If you are convicted of any serious violence offences other than murder committed after this warning, and if a Judge imposes a sentence of imprisonment, 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.

The facts

[5] Having outlined those matters, I return to the facts of this particular case.

[6] On the evening of 6 December 2011, you were at a gathering at 31 Fourth Avenue, Tauranga. You were there with a number of associates, including the deceased, Colin Bidois. Alcohol was being consumed in the garage.

[7] When a packet of cigarettes and a cellular telephone belonging to one of the occupants at the address went missing from the garage area, a search was begun to

locate them. The packet of cigarettes was found in the deceased’s pocket, as was the cellular telephone. You became agitated with Mr Bidois for stealing these items. You felt it was a personal slight against you.

[8] You grabbed Mr Bidois by the throat and pushed him backwards into a bench inside the garage. You then held him down briefly, while yelling at him for taking the telephone. You then punched the deceased several times to the head and then man-handled him by throwing him to the ground next to a car parked outside the garage. Mr Bidois ended up lying face down on the driveway with his arms extended in front of his face.

[9] At that stage other people tried to prevent you from further attacking the deceased. However, you broke free from those restraints and stomped heavily on his upper back and neck area, as well as the back of his head.

[10] Mr Bidois was helped to his feet…

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 Rangiwhaiao

Details

AGLC: R v Rangiwhaiao [2012] NZHC 1751
Case: [2012] NZHC 1751
Decision Date: 18 July 2012

CaseChat Overview and Summary

Mark Anthony Rangiwhaiao was convicted of murder in the High Court of New Zealand Tauranga Registry and sentenced to life imprisonment with a non-parole period of 11 years. The case arose from a gathering in Tauranga where Rangiwhaiao became agitated after the victim, Colin Bidois, was found with stolen items. Rangiwhaiao assaulted Bidois multiple times over a period, leading to Bidois's death. The court considered the defendant's personal history, including a dysfunctional upbringing and alcohol dependency, along with his remorse and offer of restorative justice to the victim's family. The court focused on the nature of the offence, Rangiwhaiao's disproportionate and persistent violent conduct, and the premeditated elements of the attack. The court also took into account the impact on the victim's family and the need to denounce the conduct and deter similar offences. The sentence of 11 years was deemed necessary to achieve greater punishment, denunciation, and deterrence in light of the serious nature of the crime and Rangiwhaiao's prior convictions for violent offending.

Orders