R v Ratana - [2012] NZHC 811

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CRI-2011-041-0084 [2012] NZHC 811

THE QUEEN

v

KERRY CHARLES RATANA

Hearing: 27 April 2012

Appearances: C Walker for the Crown
J Rowan QC for the prisoner

Judgment: 27 April 2012

SENTENCING NOTES OF CLIFFORD J

[1] Mr Ratana, you appear for sentence for the manslaughter and sexual violation of Sahara Jayde Baker-Koro on 20 December 2010. You pleaded guilty to Sahara’s manslaughter and, following a jury trial, were later found guilty of one count of sexual violation of Sahara by unlawful sexual connection. The maximum penalty for manslaughter is life imprisonment and for sexual violation is 20 years.

[2] I acknowledge the presence in Court today of Sahara’s mother Chantally Baker, her paternal grandmother Karen Koro, and the many members of Sahara’s whanau who are here. I also acknowledge the awful horror of the events that have brought you here. But I know that unless a person had experienced those events
themselves they could not understand the full extent of your feelings.

R v RATANA HC NAP CRI-2011-041-0084 [27 April 2012]

[3] I also acknowledge the presence in Court today of Mr Ratana’s parents Charles and Delena Ratana, and of your quiet presence in Court throughout Mr Ratana’s trial. Mr Ratana, you are fortunate to have the ongoing love and support of your parents.

[4] Given the nature of the charges you face and the significance for sentencing of your guilty plea to the charge of manslaughter, and the jury’s guilty verdict on the charge of sexual violation, I will first set out the factual basis upon which I will sentence you. I will then – in light of those facts – explain the approach I will take in determining your sentence.

Facts

[5] The sad facts which form the basis upon which I am to sentence you today, Mr Ratana, can be briefly stated.

[6] On 20 December 2010 you were living with your partner, Chantally Raelene Baker, Chantally’s two children – Taylah then aged seven and Sahara – then aged five but nearly six, and your and Chantally’s child Rome, at 69 Riverbend Road here in Napier. A friend of Chantally’s, with her two young sons, had been visiting that day. At trial, Chantally’s evidence was that she and her friend had sat out at the back of the house during the day, and the children had been playing.

[7] Chantally Baker, who worked part-time at The Warehouse, left home for work that day at about 3.30pm. By the time she left for work, her friend and her two children had left.

[8] Ms Baker returned to her home at 69 Riverbend Road shortly after 10.30pm that evening. You were still up on the couch in the living room. Ms Baker ate a meal that you had prepared, and went to bed on the mattress in the living room with your son Rome. You went to sleep in another room.

[9] Sometime later, Ms Baker was awoken by the…

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 Ratana

Details

AGLC: R v Ratana [2012] NZHC 811
Case: [2012] NZHC 811
Decision Date: 27 April 2012

CaseChat Overview and Summary

The case of R v Ratana was heard by Clifford J in the High Court of New Zealand. Kerry Charles Ratana was sentenced for the manslaughter and sexual violation of five-year-old Sahara Jayde Baker-Koro. Ratana pleaded guilty to manslaughter and was found guilty of sexual violation by unlawful sexual connection. The maximum penalty for manslaughter is life imprisonment and for sexual violation is 20 years. Clifford J considered the seriousness of the offences, the vulnerability of the victim, the breach of trust, and the harm caused to the victim and others. The court sentenced Ratana to nine years' imprisonment for sexual violation and seven and a half years' imprisonment for manslaughter, with a minimum period of imprisonment of eight years and three months. Clifford J also issued a three strike warning to Ratana regarding future serious violent convictions. The total sentence imposed was 16 and a half years' imprisonment, which the court deemed appropriate given the severity of the offences.

Orders