IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2023-419-000026
[2023] NZHC 2576
THE KING v
HONE RONAKI
Hearing: 14 September 2023 Appearances:
J Hamilton for the Crown A Schulze for Mr Ronaki
Sentencing:
14 September 2023
SENTENCING NOTES OF GORDON J
Solicitors: Hamilton Legal, Hamilton Counsel: A Schulze, Barrister, Rotorua
R v RONAKI [2023] NZHC 2576 [14 September 2023]
[1] Mr Ronaki, you were one of 11 defendants who went to trial on charges arising out of rioting at Waikeria Prison over the New Year 2020/2021 period. Six of your co- defendants pleaded guilty to amalgamated charges prior to trial.
[2] Four weeks into the trial you and six other defendants pleaded guilty to three representative charges: arson (with a danger to life),1 riotous damage,2 and assault with a weapon.3 The three charges are an amalgamation of charges in the Crown Charge Notice dated 28 June 2022.
Factual background
[3] At the time you pleaded guilty you accepted the contents of a Summary of Facts dated 13 March 2023. Although you are familiar with the facts it is necessary for me to summarise them in my decision. I repeat the summary from my sentencing decision of Beau-James Paul,4 one of your co-offenders who, like you, pleaded guilty to the same three charges during the trial.
[4] You were in custody in the High Security Facility at Waikeria Prison at the time of the riot.
[5] On the morning of 29 December 2020 an incident occurred in one of the exercise yards, yard 116, when a prisoner refused to return a disposable razor (or razors) to a Corrections officer. Several other prisoners offered that prisoner their support. You were not one of those prisoners. You were not, in fact, in yard 116 at the time. When a Corrections officer told those in the yard that they would all be returned to their cells early if the razors were not surrendered, a number of prisoners in the yard told the Corrections officer they were not going anywhere and were ready for a fight. Eventually one razor was handed in, the situation was defused and tensions eased. The prisoners in yard 116 were then permitted to remain in the yard for the usual period.
1 Crimes Act 1961, ss 267(1)(a) and 66. Maximum penalty: 14 years’ imprisonment.
2 Section 90. Maximum penalty: 7 years’ imprisonment.
3 Sections 202C(1)(a) and 66. Maximum penalty: 5 years’ imprisonment.
[6] By around 1.00 pm a significantly more hostile atmosphere had developed in yard 116. Nine of the prisoners (the group) set in train the events that led to the riot. They damaged property in the yard. They lit fires on top of the wooden seats and structures inside the yard. Efforts made by Corrections officers and firefighters to extinguish the fires were thwarted by members of the group of nine shielding the fires with their bodies and various items. They…
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