R v Te Aonui-Tawhai

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CRI-2021-041-880

[2022] NZHC 2169

THE QUEEN

v

BELMONT SONNY FREEDOM ERUITI TE AONUI-TAWHAI

Hearing:

29 August 2022

Appearances:

S B Manning for the Crown

R B Philip for Mr Te Aonui-Tawhai

Sentencing:

29 August 2022

SENTENCING BY PALMER J

Solicitors

Crown Solicitor, Napier

Bramwell Bate Lawyers, Hastings

R v TE AONUI-TAWHAI [2022] NZHC 2169 [29 August 2022]

[1]Mr Belmont Te Aonui-Tawhai has pleaded guilty to:

(a)murder, which is punishable by life imprisonment;

(b)aggravated   robbery,   which    is    punishable    by   up    to   14 years’ imprisonment; and

(c)assault with a weapon, which is punishable by up to five years’ imprisonment.

[2]                 I sentence him in accordance with a sentence indication I provided on 21 June 2022.1

What happened?

[3]                 Mr Te Aonui-Tawhai, and his co-defendant are patched members of the Mongrel Mob. On the afternoon of Monday 29 March 2021, they were in a car when they saw and chased the victim, Mr Peter Lui, who was on his motorcycle. Mr Lui was   a   63-year-old   patched   member    of    the    Outlaw    Motorcycle    gang. Mr Te Aonui-Tawhai’s intention was to take Mr Lui’s patch as a trophy.

[4]                 Mr Te Aonui-Tawhai has pleaded guilty on the basis of a statement of facts that alleged both he and his co-defendant attacked Mr Lui while he was lying on the ground. Mr Te Aonui-Tawhai used a knife to inflict 11 stab wounds to Mr Lui’s upper arms and nose, and two incised wounds to his chest and right upper arm. Mr Te Aonui- Tawhai and, allegedly, the co-defendant, kicked and punched the victim and took his patch. They left him lying on the ground, bleeding. Mr Lui died soon afterwards due to blood loss.

[5]                 Mr Te Aonui-Tawhai either intended to murder Mr Lui, was reckless as to his potential death, or meant to cause grievous bodily injury to facilitate an aggravated robbery and death ensued from the injury. The offending involved a pre-meditated

1      R v Te Aonui-Tawhai HC Wellington CRI-2021-041-880, 21 June 2022.

attack on a member of another gang and the use of a weapon, multiple times, to facilitate robbery of a gang patch.

[6]                 Mr Philip acknowledges, for Mr Te Aonui-Tawhai that Mr Lui’s death was totally unnecessary and avoidable and influenced by his consumption of methamphetamine. He has read Mr Te Aonui-Tawhai’s letter of apology and what he submits is genuine remorse. He refers to his upbringing in a gang culture as normalising violence, substance abuse and anti-social behaviour. Mr Manning says it is important to the Lui family that I and Mr Te Aonui-Tawhai know more of who Mr Lui was, a family man, an electrician riding his motorcycle on his lunch break.

Victim impact

[7]                 The primary victim of the offending was obviously Mr Lui. But his family and friends have also suffered serious emotional harm from the offending. Our law recognises them as victims too.2 Twenty or so of Mr Lui’s family…