R v Te Aonui-Tawhai

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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…

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Details
Case
[2022] NZHC 2169
Decision Date

CaseChat Overview and Summary

Belmont Sonny Freedom Erueti Te Aonui-Tawhai pleaded guilty to the murder of Peter Lui, aggravated robbery, and assault with a weapon. Te Aonui-Tawhai and a co-defendant chased and attacked Lui, a member of another gang, with the intention of taking Lui's patch as a trophy. The attack resulted in Lui's death from blood loss. Te Aonui-Tawhai inflicted 11 stab wounds and two incised wounds on Lui using a knife, while he and the co-defendant kicked, punched, and robbed Lui of his patch. The court had to determine the appropriate minimum period of imprisonment (MPI) for the murder charge, considering the circumstances of the offence and the offender. The court found that the murder was committed in the course of another serious offence, aggravated robbery, and involved a high degree of callousness, premeditation, extreme violence, and the use of weapons.

The court considered Te Aonui-Tawhai's personal background, upbringing, and circumstances that led to the offending. The defendant was raised in a dysfunctional, poverty-stricken, and violent environment, with cultural deprivation over several generations. He was exposed to alcohol and drug abuse, family violence, and criminal activity within the Mongrel Mob gang. Despite these adverse circumstances, the court found that Te Aonui-Tawhai's personal background did not fully explain the nature and extent of the violence he inflicted on Lui. The court also took into account Te Aonui-Tawhai's age at the time of the offence (22 years old) and his potential for rehabilitation.

The court decided that an MPI of 17 years would be manifestly unjust, given Te Aonui-Tawhai's personal circumstances and potential for rehabilitation. The court set an MPI of 13 years, reflecting the seriousness of the crime and the need to give effect to the legislative policy behind an MPI for particularly callous and brutal murders. The court also imposed concurrent sentences of seven years for aggravated robbery and 18 months for assault with a weapon.

In summary, Te Aonui-Tawhai was sentenced to life imprisonment for murder, with a minimum period of imprisonment of 13 years. He also received concurrent sentences of seven years for aggravated robbery and 18 months for assault with a weapon. The court urged the defendant and the Department of Corrections to address his drug addiction issues and propensity for violence through counselling and treatment programs.

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