R v Takao - [2015] NZHC 1657

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2014-063-002055 [2015] NZHC 1657

THE QUEEN

v

TAMAIKOHA RUAMEKE TAKAO

Hearing: 16 July 2015

Appearances:

G C Hollister-Jones for Crown
R O Gowing for Prisoner

Judgment:

16 July 2015

SENTENCING NOTES OF GILBERT J

R v TAKAO [2015] NZHC 1657 [16 July 2015]

Introduction

[1] Mr Takao, you appear for sentence today having pleaded guilty to manslaughter following acceptance of a sentence indication given on the morning your trial for murder was due to commence. The maximum penalty for manslaughter is life imprisonment.

The facts

[2] The deceased and his associates, who were associated with the Mongrel Mob gang, spent the afternoon of 13 July 2014 celebrating a 30th birthday at an address in Opotiki. At about 6.00 pm they went to another address in Opotiki where they continued to drink and socialise together. This address shared a common driveway with the adjoining property that was occupied by associates of the Black Power gang, a young female and her baby, her partner and two others. The female occupant
of that property feared for her safety and that of her baby because of the behaviour of the group next door which included people doing wheelies in the driveway and drinking. Her partner rang an uncle and asked him to come to the address to assist his partner and her baby to leave.

[3] The uncle lived next door to you and sought your assistance along with two other associates. The four of you went to the address in the uncle’s car. Your arrival was seen by members of the group next door who were outside drinking. A number of them tried to provoke your group with gang slurs. One of them asked one of the members of your group for a fight. The confrontation quickly escalated into a violent fight in the driveway between the two properties with a number of people being involved, including you and the deceased.

[4] Members of both groups armed themselves with various weapons, including baseball bats, metal poles, pieces of wood, garden tools, rocks and bottles. Seeing that the men in the opposing group were armed, you armed yourself with a bone handled “buck” knife that your uncle had brought to the address in his car. You also grabbed a metal pole before returning to the confrontation.

[5] Bottles and rocks were thrown back and forth by both groups. Weapons were used by members of both groups to assault each other. Windows of both properties were smashed with rocks or weapons. When one of the members of your group was on the ground in the common driveway being attacked by a group of men, including the deceased, Mr Joe Collier, you ran in holding the pole in both hands with the knife in your left hand and the blade extending beyond your clenched fist. Using the pole, you pushed Mr Collier in the chest area, knocking him backwards. As you pushed him, the knife penetrated the…

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 Takao

Details

AGLC: R v Takao [2015] NZHC 1657
Case: [2015] NZHC 1657
Decision Date: 16 July 2015

CaseChat Overview and Summary

In the High Court of New Zealand, Tamaikoha Ruameke Takao faced sentencing for manslaughter. Takao had pleaded guilty to manslaughter after the Crown accepted a sentence indication on the morning of his murder trial. The maximum penalty for manslaughter was life imprisonment. The court heard that Takao had become involved in a violent confrontation between two rival gangs, the Black Power gang and the Mongrel Mob. The confrontation escalated to the point where both groups armed themselves with various weapons. Takao armed himself with a knife and a metal pole and participated in the fight, during which he stabbed the deceased, Mr Joe Collier, resulting in his death. The court noted the harm inflicted on the deceased's family and the aggravating features of the offending, including the use of weapons and the context of gang violence. The court considered the purposes and principles of sentencing, taking into account the gravity of the offending, Takao's culpability, and his history of violent offending.

The legal issues before the court included determining the appropriate starting point for sentencing, the uplift for Takao's previous convictions, and the discount for his guilty plea. The court agreed that the appropriate starting point for sentencing was six years' imprisonment, considering the circumstances of the offence and Takao's involvement. The court also decided on an uplift of six months' imprisonment for Takao's previous convictions for violent offences. Regarding the discount for the guilty plea, the court determined that a discount of 12 months, approximately 15%, was appropriate, consistent with the sentence indication given earlier. Ultimately, the court sentenced Takao to a term of five years and six months' imprisonment for manslaughter.

Orders