IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2022-092-007548
[2024] NZHC 1851
THE KING v
TIPENE TE AHURU
Hearing: 10 July 2024 Appearances:
L P Radich and S R Bicknell for Crown
K A Stoikoff and D J Taumihau for Defendant
Sentenced:
10 July 2024
SENTENCING NOTES OF ANDERSON J
This judgment was delivered by me on 10 July 2024 at 3.30 pm.
……………………………… Registrar/Deputy Registrar
Solicitors:Kayes Fletcher Walker Ltd, Auckland Public Defence Service, Manukau
R v TE AHURU [2024] NZHC 1851 [10 July 2024]
[1] Mr Te Ahuru, after a jury trial before me, you were found guilty of your son’s murder. Amaziah was only three months old when you killed him.
[2] Ms Stoikoff has realistically accepted on your behalf that a sentence of life imprisonment is inevitable.1 She also responsibly concedes that you will be subject to a minimum period of seventeen years’ imprisonment, before being eligible for parole.2 In these sentencing notes I will explain why that is the sentence I am required to direct.
[3] I wish to acknowledge the presence of Amaziah’s mother and other whanau in the courtroom today. Losing Amaziah and in such tragic circumstances is truly devastating. As Amaziah’s grandmother has said, Mr Te Ahuru’s actions have taken Amaziah away from his whanau, hapu and iwi and no sentence the Court can impose will bring him back. My deepest sympathy to you.
Facts
[4]I am going to start by outlining the facts of the offending.
[5] Amaziah was born on 13 June 2022, five weeks early. At the time you killed him, he had the developmental age of a nine-week-old baby. In September 2022 you were living with your partner and Amaziah in a small two-bedroomed flat together with your partner’s two young boys for whom you were their Dad.
[6] I want to acknowledge and record my utmost respect to Amaziah’s mother for her moving account in her victim impact statement of the background to your relationship and the stresses in both your lives leading up to that terrible day.
[7] On 18 September 2022 Amaziah had been restless and difficult to settle. In the early evening, your partner left you in sole charge of Amaziah while she went to the laundromat. Based on the timing of several attempts you made to get hold of your partner by phone, it is evident that within five minutes of her leaving the house you had inflicted the fatal injuries that caused Amaziah’s death.
1 Sentencing Act 2002, s 102.
2 Section 104.
[8] When you connected with each other some 20 minutes after your first call, you told your partner that “baby wasn’t breathing properly.” She told you to hang up and call an ambulance. On arriving home, your partner called 111 immediately and attempted CPR. Paramedics found Amaziah not breathing. They were eventually able to get a pulse back, however Amaziah’s life support was ultimately turned off 10 days later.
[9]…
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- R v Te Ahuru [2024] NZHC 1851
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- [2024] NZHC 1851
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CaseChat Overview and Summary
The court acknowledged several aggravating factors, including the high level of violence, the significant loss and harm caused, the breach of trust, and the delay in seeking medical help. Despite the offender's remorse and the stressful conditions leading up to the offence, these factors did not mitigate the severity of the crime. The court concluded that the presumptive 17-year minimum non-parole period was appropriate and not manifestly unjust. The decision was consistent with similar cases involving the murder of infants by caregivers.
The final orders of the court were that Mr. Te Ahuru be sentenced to life imprisonment with a minimum non-parole period of 17 years. The court expressed its deepest sympathy for the loss experienced by Amaziah's family and the wider community.
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