R v Rawiri - [2022] NZHC 102

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2020-063-598

[2022] NZHC 102

THE QUEEN

v

LEZA RAWIRI

Hearing: 3 February 2022

Counsel:

A Gordon for Crown M Ryan for defendant

Judgment:

3 February 2022

SENTENCING NOTES OF KATZ J

Solicitor: Gordon Pilditch, Office of the Crown Solicitor, Rotorua Counsel: M Ryan, Barrister, Auckland

R v RAWIRI [2022] NZHC 102 [3 February 2022]

Mihi

Haere, haere, haere atu rā, e Ferro
Haere ki Hawaiki nui, Hawaiki roa, Hawaiki pāmamao Ki te kainga tūturu mō tatou katoa, mō ngā tāngata
Kei te ngau tōnu te mamae i te ngākau o ngā tāngata kua mahue i tēnei taha o te arai. Nō reira, moe mai, moe mai, moe mai rā.

Ka huri ki a tātou, kua huihui mai i te ahiahi nei, tēna rā koutou katoa Ki te whānau pani, e mihi aroha ana ahau ki a koutou
Nō reira, tēna koutou, tēna koutou, tēna koutou katoa

To the deceased, Ferro Farewell
Travel on your final journey to great Hawaiki, long Hawaiki, and distant Hawaiki To the final resting place of us all
The pain of your departure gnaws at the heart of those that remain on this side of the veil
So farewell and rest peacefully

Turning to those gathered here this afternoon, greetings to you all To the whānau of the deceased, I greet you and acknowledge you I greet you once, twice, and three times.

Introduction

[1] Leza Rawiri, you appear for sentence today for your role in the events leading up to the tragic death of Ferro-James Tiopira Sio at the age of only five. Ferro was killed by his father, William Sio, in February 2020. Mr Sio has already pleaded guilty to murdering Ferro, together with other charges relating to his ill-treatment and abuse of his son. On 9 July 2021, Mr Sio was sentenced to life imprisonment with a minimum period of imprisonment of 17 years.1

[2] Although you did not directly kill Ferro, you played a role in the events that culminated in his death. You have pleaded guilty to two charges of ill-treatment of a child,2 and one charge of failure to protect a child.3

1      R v Sio [2021] NZHC 1709.
2      Crimes Act 1961, s 195. Maximum penalty of 10 years’ imprisonment.
3      Crimes Act 1961, s 195A. Maximum penalty of 10 years’ imprisonment.

[3] We are here today because Ferro is not. I acknowledge all of his loved ones who have come to Court today, and any of you who have been able to join us by AVL. I thank those of you who have read out your victim impact statements or who have had them read on your behalf. I acknowledge your courage, your loss, and your love of Ferro. Your words have painted a vivid picture of him, for those of us who never knew him. You have shared your memories of him as a happy, polite, cheeky, fun…

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 Rawiri

Details

AGLC: R v Rawiri [2022] NZHC 102
Case: [2022] NZHC 102
Decision Date: 3 February 2022

CaseChat Overview and Summary

Leza Rawiri appeared before the High Court of New Zealand to be sentenced for her role in the tragic death of Ferro-James Tiopira Sio. Although Rawiri did not directly kill Ferro, she played a significant role in the events leading to his death. The court was required to decide on the appropriate sentence for Rawiri, taking into account the aggravating and mitigating factors of her case. The legal issues included determining the starting point for the sentence, adjusting the starting point for personal mitigating factors, and deciding on the overall sentence.

The court considered several aggravating factors, such as the vulnerability of the victim, the significant breach of trust, the duration of the offending, the degree of callousness, and the victim impact. The court also examined the submissions from both the Crown and Rawiri's counsel regarding the appropriate starting point for the sentence. After reviewing various cases and comparing them to Rawiri's case, the court decided on a starting point of seven years and six months' imprisonment.

The court then adjusted the starting point to reflect Rawiri's personal circumstances, including her guilty plea, personal background, and rehabilitative prospects. The court awarded a 15% discount for the guilty plea, a 5% discount for personal circumstances, and a further 5% discount for remorse and rehabilitative prospects. The final sentence was set at five years and seven months' imprisonment, to run concurrently on all charges.

In conclusion, Rawiri was sentenced to five years and seven months' imprisonment for her role in the death of Ferro-James Tiopira Sio. The court took into account the aggravating and mitigating factors of the case, as well as submissions from both parties, in reaching its decision.

Orders