IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI 2019-044-001551
[2020] NZHC 1421
THE QUEEN v
CHRISTOPHER KANE TE KAWA SIMEON
Hearing: 23 June 2020 Appearances:
M R Harborow & E L Woolley for the Crown J-A Kincade QC & A Shendi for the Defendant
Judgment:
23 June 2020
Reissued:
09 October 2020
SENTENCING NOTES OF VAN BOHEMEN J
This judgment was delivered by me on 05 August 2020 and
re-delivered by me on 2 September 2020 in accordance with Criminal Procedure Rules 2012, r 1.6.
Solicitors/Counsel:
Meredith Connell, Auckland J-A Kincade QC, Auckland
Blackstone Chambers, Auckland
R v SIMEON [2020] NZHC 1421 [23 June 2020]
Introduction
[1] Christopher Kane Te Kawa Simeon, you appear for sentence for the murder of Faletoi Matue late in the evening of 3 May 2019. On 19 May 2020, you pleaded guilty, and Justice Downs entered your conviction and read a first strike warning.
[2] I begin by acknowledging the presence of Toi Matue’s family, both in court and by audio visual link. I also acknowledge the presence of members of your family, Mr Simeon. It is difficult time for both families and I pay tribute to the families for the restraint and compassion you have all displayed. All of these people have been affected by your actions, Mr Simeon.
[3] The sentence for murder is life imprisonment.1 I must impose that sentence unless it would be manifestly unjust to do so.2 I am satisfied that your circumstances and the circumstances in which you killed Mr Matue do not make a life sentence manifestly unjust in your case. Neither Mr Harborow, counsel for the Crown, nor your counsel, Ms Kincade, has suggested otherwise.
[4] The only issue for today is the length of time that you will have to spend in prison before you are eligible to apply for parole.
[5] Before I consider that question, I must set out the circumstances that brought you to Court today. I regret any distress this may cause to Mr Matue’s family, or indeed, to Mr Simeon’s family.
Facts
[6] On the night of 3 May 2019, you and Mr Matue were drinking together at an apartment in Central Auckland. Both of you became intoxicated. Later in the evening, around 10:45pm, Mr Matue, you and three others got into a car. Mr Matue, you and a woman were in the rear seats. Two other males were in the driver’s seat and front passenger seat.
1 Crimes Act 1961, s 172.
2 Sentencing Act 2002, s 102(1).
[7] During a car stop, a scuffle broke out between you and Mr Matue. One of the men in the front seats described hearing a bang and Mr Matue saying to you, “Why did you hit me?” He then saw Mr Matue punch you 15 to 20 times in the face, and elbow you in the face, causing you to bleed from your nose and mouth.
[8] About half an hour…
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