IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
CRI-2016-087-304 [2016] NZHC 2581
THE QUEEN
v
WYJUANA SMITH
Charge:
Plea:
Murder
Guilty
Counsel:
G C Hollister-Jones for Crown
G R Tomlinson for PrisonerSentenced:
28 October 2016
SENTENCING NOTES OF BREWER J
Solicitors: Hollister-Jones Lellman (Tauranga) for Crown
Gowing & Co (Whakatane) for Prisoner
R v SMITH [2016] NZHC 2581 [28 October 2016]
Introduction
[1] Mr Wyjuana Smith, you appear for sentence having pleaded guilty to the murder of Todd Branch.
Background
[2] When you pleaded guilty, you accepted that on 1 March 2016 you went into Mr Branch’s house during the night and killed Mr Branch with a hammer which you brought to the house with you. You also accepted that you struck Mr Branch many times with the hammer, mostly while Mr Branch was helpless on the floor. But what you told the Police about why you were at the house and what led to the attack was not accepted by the Crown. That disagreement led to a disputed facts hearing which I presided over. I will summarise the relevant facts as I found them to be.
[3] In late 2015, you, Mr Branch and others were living as flatmates at 36 Hall
Street in Rotorua. The house belonged to Mr Branch’s mother. On 21 February
2016, Mrs Branch evicted you and the other flatmates. She was upset with the way her house was being treated. There were holes in the interior walls, for example, some of which you caused. It seems you were prone to fits of anger and you would strike surfaces such as walls.
[4] You went to live at 15 Whittaker Street which is about 1.6 km from 36 Hall Street. Mr Branch remained living at 36 Hall Street by himself. You and Mr Branch were not on good terms at the time of eviction. There had been conflict between you, including one incident where Mr Branch pushed you while in the passage of the house. On the night following the evictions, you and one of the other evictees returned to the house and stole two cannabis plants belonging to Mr Branch. Mr Branch was angry and you were told that he had threatened to kill you.
[5] Then, on the evening of 1 March 2016, you were in the garage at
15 Whittaker Street with some of the other evictees. You noticed a red hoodie which you associated with Mr Branch and which was in the possession of one of the others. The sight of that hoodie made you angry at Mr Branch. One cause of your anger, perhaps the principal cause of your anger, was your belief that Mr Branch was
spreading rumours about you. You asked the others whether you could do something to Mr Branch. You were told it was not worth it. You seemed to calm down.
[6] But at around 10:30 pm that night, you said you were going for a walk. You
said you were going to…
Continue reading R v Smith
Sign in free to access the full text
- AGLC
- R v Smith [2016] NZHC 2581
- Case
- [2016] NZHC 2581
- Decision Date
CaseChat Overview and Summary
The court's reasoning was based on a careful consideration of the relevant legal principles and authorities. The court noted that the only sentence it could impose for murder was life imprisonment and that the minimum period of imprisonment it could impose was at least 10 years. The court found that Smith's offending involved unlawful entry into a dwelling place and was committed with a high level of brutality, which meant that the minimum period of imprisonment should be at least 17 years unless it would be manifestly unjust. The court considered the factors that made Smith's offending more or less serious and concluded that a minimum period of 17 years would be justified in the absence of mitigating factors. However, the court found that Smith's youth, his guilty plea, and his psychological difficulties were mitigating factors that reduced his culpability. The court concluded that a minimum period of 17 years would be manifestly unjust and sentenced Smith to life imprisonment with a minimum period of 13 years before the Parole Board could consider him for parole. The court emphasised that Smith's future release from prison would depend on the effort he put into engaging with the programmes offered to him in prison and dealing with the effects of his past.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.