IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2014-055-001496 [2015] NZHC 1594
THE QUEEN
v
ZARN TARAPATA
Hearing: 9 July 2015 Appearances:
J L S Shaw and K C Chang for Crown
B Hesketh and E Te Whata for DefendantJudgment:
9 July 2015
SENTENCING NOTES OF ANDREWS J
Solicitors:
Crown Solicitor, Auckland
Counsel:
B Hesketh, Hamilton
R v TARAPATA [2015] NZHC 1594 [9 July 2015]
Introduction
[1] Mr Tarapata I am addressing you now at this stage. You may stay seated for the moment. I will ask you to stand at a later stage but bear in mind Mr Tarapata I am talking to you.
[2] You appear for sentencing today having been convicted after a jury trial of the murders of Paul Fanning and Paul Matthews. As you will know, the law provides that unless special circumstances exist, and they do not exist here, the law is that you must be sentenced to life imprisonment, and you must be ordered to serve a specified minimum period of imprisonment before you may be considered for parole. The issue for your sentencing today is how long the minimum period of imprisonment should be.
Relevant Facts
[3] As at 19 July 2014 your partner, Tamara Cassie, was a part time employee of Mr Fanning’s Ezycash business in South Auckland. Mr Matthews was also employed there. On that day Ms Cassie had made an appointment to meet a customer at the store in relation to a cellphone which had been given as collateral for a loan.
[4] Ms Cassie went to Ezycash at about midday. You were with her in the car, as were your two children. Ms Cassie went inside to see the customer, leaving you and the children in the car.
[5] A few minutes after Ms Cassie went into the store you also went in there. You had armed yourself with at least one knife. You made your way through the front part of the store, without being noticed by Ms Cassie, who was busy with the customer. Mr Fanning and Mr Matthews were in the lunch room at the rear of the store at the time. They were both known to you.
[6] On the evidence, it appears that you slit Mr Matthews’ throat as he was sitting at the table eating lunch. In all, Mr Matthews was stabbed 15 times but he attempted to call for help. On the evidence, I find that you attacked Mr Matthews in two
stages, one of which was after he tried to resist. Very shortly after that you stabbed Mr Fanning six times. Both men were found lying on the floor of the lunch room. Both had died very quickly.
[7] After this you went back to the front of the store, collected Ms Cassie (who was not aware of what had happened) and returned to the car. The whole incident in the store took less than three minutes. You and Ms Cassie then drove through various parts…
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- AGLC
- R v Tarapata [2015] NZHC 1594
- Case
- [2015] NZHC 1594
- Decision Date
CaseChat Overview and Summary
The court considered various factors, including the severity of the crime, Tarapata's mental illness, and his remorse. The court found that Tarapata's mental illness did not make a 17-year minimum period of imprisonment manifestly unjust. The court also found that the gravity of the offence, the level of violence involved, and the impact on the victims' families warranted a high minimum period of imprisonment. The court ultimately decided on a minimum period of 17 years, which was not manifestly unjust.
Tarapata was sentenced to life imprisonment on each charge, to be served concurrently, with a minimum period of 17 years before being considered for parole. The court found that the 17-year minimum period was not manifestly unjust and accepted Dr Skipworth's recommendation that a hybrid order under the Criminal Procedure (Mentally Impaired Persons) Act was not appropriate.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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