R v Talakai - [2023] NZHC 331

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-092-4751

[2023] NZHC 331

THE KING

v

TALIKAVILI SEMISE-TO’A TALAKAI

Hearing: 28 February 2023

Appearances:

A Devathasan and J Tausi for the Crown M Ryan for the Defendant

Sentencing:

28 February 2023

SENTENCING NOTES OF WOOLFORD J

Solicitors: Kayes Fletcher Walker Ltd (Office of the Crown Solicitor), Manukau Counsel: M Ryan, Barrister, Auckland

R v TALAKAI [2023] NZHC 331 [28 February 2023]

Introduction

[1]Mr Talakai, you appear for sentence today having pleaded guilty to:

(a)one charge of reckless driving causing death;1 and

(b)one charge of failing to stop to ascertain injury (where death ensued).2

[2] The Crown submits that a starting point of five to six years’ imprisonment is appropriate and also seeks an order disqualifying you from holding or obtaining a driver’s licence for three years. They propose adjustments to the starting point as follows:

(a)a 20 per cent discount for your guilty pleas; and

(b)an unspecified discount for youth and other factors.

[3] Your counsel submits that a starting point in the range of three years and six months to four years’ imprisonment is appropriate. Apart from a 25 per cent discount for your guilty pleas, counsel submits that a further discount of 20 to 30 per cent is appropriate for matters raised in a cultural report under s 27 of the Sentencing Act 2002, remorse, willingness to engage in rehabilitation and youth. This would lead to a sentence of home detention rather than imprisonment.

Summary of facts

[4] The deceased, Abraham Kauri, had one daughter and nine sons. His wife, Aroha Uruamo, resided in Thomas Road, Mangere, with some of the younger children and their son, Boysie Uruamo, aged 25. The deceased and other sons came and went from the address. On the date of Mr Kauri’s death, two of his cousins were also at the address as well as his nephew.

1 Land Transport Act 1998, ss 7, 36AA(1)(a) & (2). Maximum penalty of 10 years' imprisonment or a fine not exceeding $20,000 and disqualification from holding or obtaining a driver's licence for at least one year.
2 Land Transport Act 1998, ss 36(1)(c) & (2). Maximum penalty of five years' imprisonment or a
$20,000 fine and a mandatory minimum disqualification of one year.

[5] On the morning of Mr Kauri’s death, a series of events unfolded (largely unconnected to the deceased) that involved you, Mr Talakai, and associates of yours from a gang called “the 28s”, as well as some of the deceased’s children.

[6] It all started when the deceased’s nephew, Tauira Uruamo, took a motorcycle into the Mangere Town Centre to get petrol for it. At the Town Centre a man called Gordon Semesi took the motorcycle off him. There were then a series of events which involved car chases, retrieval of the motorcycle and confrontations, including one at the Town Centre, which the Police dispersed. Another confrontation occurred outside the Uruamo residence in Thomas…

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 Talakai

Details

AGLC: R v Talakai [2023] NZHC 331
Case: [2023] NZHC 331
Decision Date: 28 February 2023

CaseChat Overview and Summary

In the High Court of New Zealand, Auckland Registry, the case of The King v Talakai involved a defendant, Talakai Semise-To’a Talakai, who had pleaded guilty to charges of reckless driving causing death and failing to stop to ascertain injury where death ensued. The Crown proposed a starting point of five to six years’ imprisonment for these offences, while the defence suggested a starting point of three and a half to four years. The Crown also sought a disqualification from holding or obtaining a driver’s licence for three years.

The court identified several aggravating factors, including the manner of driving, the vulnerability of the deceased, the post-impact conduct of the defendant, and the impact on the deceased's family. The Crown argued that the starting point should reflect these factors, citing previous cases where similar sentences were imposed for similar offences. The defence countered with mitigating factors such as the defendant's guilty pleas, youth, and remorse, suggesting a lesser sentence of home detention. The court, after considering the submissions and the relevant sentencing principles, determined a starting point of five years’ imprisonment. The defendant received a 20% discount for his guilty pleas and an additional 10% discount for his youth and some evidence of remorse, resulting in a final sentence of two years and eight months’ imprisonment. The court also ordered a three-year disqualification from holding or obtaining a driver’s licence.

Orders