SUPPRESSION ORDERS EXIST IN RELATION TO ASPECTS OF THIS JUDGMENT: SEE FOOTNOTE 21. IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2022-092-10487
[2024] NZHC 2284
THE KING v
THOMAS TAHITAHI
Hearing: 14 August 2024 Appearances:
A Devathasan and S Arnerich for Crown K Holden for Defendant
Judgment:
14 August 2024
SENTENCING NOTES OF MOORE J
[For publication]
Solicitors:
Kayes Fletcher Walker, Auckland
R v TAHITAHI [2024] NZHC 2284 [14 August 2024]
[1] Mr Tahitahi, at the age of 42 you appear for sentence having pleaded guilty to the murder of Daniel Eliu. My task this morning is to decide what sentence you should receive for what you did.
[2] However, before I go any further, I wish to acknowledge Mr Eliu’s whānau and friends who are here today and to welcome them to the High Court.
The offending
[3] It is first necessary for me to set out the facts of your offending. Obviously, these are well known to you. You have pleaded guilty to murdering Daniel Eliu and you have accepted the summary of facts which sets out what happened that day.1 However, because sentencing is quintessentially a public function which must be conducted in open Court, it is necessary for me, in this public forum, to lay them out.
[4] The summary of facts records that you are a patched member of the Head Hunters. Mr Eliu was President of the Notorious Chapter of the Mongrel Mob.
[5] On 23 November 2022, you were released on parole from prison. I note from your criminal history this appears to have been for a sentence of more than six years for aggravated robbery using a firearm.
[6] Less than a month later, on the morning of Saturday 17 December 2022, you shot Mr Eliu to death. The background to that killing reflects just how cold blooded it was in fact. Let me explain why.
[7] On that Saturday, the Grace Foundation was holding its regular church service at the Puhinui Seventh Day Adventist Church, on Puhinui Road. It was the last service of the year. Because of this, a Christmas lunch had been arranged for both Grace Foundation members and other churchgoers.
1 R v Tahitahi HC Auckland CRI-2022-092-10487, 10 April 2024 (Minute of Venning J). In his minute, the Judge refers to “the agreed summary of facts dated 9 April 2024”, which are the summary of facts on which Mr Tahitahi appears for sentence.
[8] About 200 people, including children, were present. It was meant to be a day of fun and celebration. Amongst other events, Mr Eliu was to graduate from one of the Grace Foundation’s programmes that day.
[9] At 8:46am, you drove from your home in Massey to the Point England area. There you picked up another person. To this day that person’s identity is unknown.
[10] A little more than half an hour later, you and this unknown person left Point England and drove to…
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CaseChat Overview and Summary
The final orders of the court were that Thomas Tahitahi be sentenced to life imprisonment with a minimum period of imprisonment of 17 years for the murder of Daniel Eliu.
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