R v Rata - [2022] NZHC 2749

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2022-004-2185

[2022] NZHC 2749

THE KING

v

NGATUPUNA RATA

Hearing: 18 October 2022

Appearances:

A McClintock for Crown

R M Mansfield KC & B Gloyn for Defendant

Sentence:

18 October 2022

SENTENCE OF PAUL DAVISON J

Solicitors:
Crown Solicitor, Auckland

R v RATA [2022] NZHC 2749 [18 October 2022]

Introduction

[1] Ngatupuna Rata you appear before the Court today for sentence having pleaded guilty to charges of manslaughter,1 unlawful possession of a firearm,2 conversion of a motor vehicle3 and unlawful possession of a pistol.4

[2] The charge of manslaughter relates to your role in the death of Jonathan Mokoha.

[3] Before I begin today I want to acknowledge the presence of Mr Mokoha’s family in Court. It is clear that all those who dearly loved Jonathan have been deeply affected by his death and I commence my remarks this morning by extending the Court’s sincere sympathy to Mr Mokoha’s family for their loss.

[4] There is nothing that can happen or that can be said that will alleviate the profound grief that is being felt by the family but this sentencing hearing and the sentence that will be imposed will at least provide a waypoint on your pathway towards coming to terms with the tragedy and putting at least this legal proceeding behind you as you move forward in your lives.

[5] Mr Rata, although the maximum penalty for manslaughter is life imprisonment, at the conclusion of this sentencing hearing today I shall impose a determinate sentence for a fixed period which takes account of all four of the charges for which you appear before the Court for sentence on today.

Background

[6]I will start by setting out the facts of your offending.

[7] On 29 March 2021, you and two others unlawfully took a Honda Accord motor vehicle from its owner, a Mr S. You had a starter pistol in your possession and another

1      Crimes Act 1961, ss 171 and 177: carrying a maximum penalty of life imprisonment.
2      Arms Act 1983, s 45(1): carrying a maximum penalty of four years’ imprisonment and/or a $5,000 fine.
3      Crimes Act, s 226(1): carrying a maximum penalty of seven years’ imprisonment.
4      Arms Act, s 50(1)(a): carrying a maximum penalty of three years’ imprisonment and/or a $4,000 fine.

member of your group was wielding a steel pipe. You took the vehicle by intimidating Mr S, but were arrested shortly afterwards. That offending resulted in the charge of conversion of a motor vehicle and the charge of unlawful possession of a pistol.

[8] In relation to those charges on 10 February 2022 you were granted bail to a residential rehabilitation facility.

[9] On 7 April 2022, while you were still subject to bail conditions for that firearms related offending, you visited the home of the victim Jonathan Mokoha who was a friend of yours. Sometime around midnight, and after you and Mr Mokoha…

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 Rata

Details

AGLC: R v Rata [2022] NZHC 2749
Case: [2022] NZHC 2749
Decision Date: 18 October 2022

CaseChat Overview and Summary

In the High Court of New Zealand, Ngatupuna Rata was sentenced for charges of manslaughter, unlawful possession of a firearm, conversion of a motor vehicle, and unlawful possession of a pistol. The charge of manslaughter was related to the death of Jonathan Mokoha. The court acknowledged the profound grief of Mokoha's family and imposed a determinate sentence for a fixed period which took account of all four charges. The court considered the principles and purposes of sentencing as set out in the Sentencing Act 2002, including holding Rata accountable for the harm caused, denouncing the conduct, deterring others from committing similar offences, protecting the community, and assisting in Rata's rehabilitation. The starting point for the manslaughter charge was four years and three months' imprisonment, with an uplift of 18 months for the remaining charges. Personal aggravating and mitigating factors were also considered, resulting in a final sentence of three years and nine months' imprisonment, with the other charges to be served concurrently. The court also made orders for the destruction of the firearms seized by the police.

The final orders of the court were that Ngatupuna Rata be sentenced to three years and nine months' imprisonment for the charge of manslaughter, 18 months' imprisonment for the charges of conversion of a motor vehicle and unlawful possession of a pistol (to be served concurrently), and 12 months' imprisonment for the charge of unlawful possession of a firearm (also to be served concurrently). The court urged Rata to take advantage of the rehabilitative programmes available to him and make positive changes in his life.

Orders