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…
Continue reading R v Talakai
Sign in free to access the full text
- AGLC
- R v Talakai [2023] NZHC 331
- Case
- [2023] NZHC 331
- Decision Date
CaseChat Overview and Summary
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
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.