R v Te Huia - [2016] NZHC 1045

ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF VICTIMS PURSUANT TO S 202 CRIMINAL PROCEDURE ACT 2011.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2014-004-10363 [2016] NZHC 1045

THE QUEEN

v

MICHAEL TE ARAWAKA TE HUIA

Hearing: 19 May 2016

Counsel:

R M A McCoubrey & E Walker for the Crown
P Dacre QC amicus curiae
S N B Wimsett - counsel appointed to assist the Court
S Gray for Mr Te Arawaka Te Huia

Sentence:

19 May 2016

SENTENCE OF DUFFY J

Solicitors:
Meredith Connell, Auckland

R v TE ARAWAKA TE HUIA [2016] NZHC 1045 [19 May 2016]

[1] Michael Te Arawaka Te Huia, you were found guilty by a jury of 21 criminal offences that include serious sexual offending and physical violence towards your former female partners. Those offences span a period of 30 years.

Offence Date Maximum penalty

Victim 1 – [E]

Injuring with intent to injure
Between 21 May 1984 and

20 May 1986
5 years imprisonment

Sexual   violation   by   rape

(representative charge)

Between 1 January 1987 and

30 June 1994
14 years imprisonment

Sexual   violation   by   rape

(representative charge)

Between 1 July 1994 and 15

January 2002
20 years imprisonment

Sexual violation by rape
Between 15 February 1994

and 15 March 1994
20 years imprisonment

Sexual violation by unlawful

sexual connection

(representative charge)

Between 7 September 1988

and 28 February 2002
20 years imprisonment

Threatening to do grievous

bodily harm

Between 1 January 2000 and

31 December 2001
7 years imprisonment

Assault with a weapon
Between 4 December 2001

and 15 January 2002
5 years imprisonment

Victim 2 – [T]

Kidnapping   (representative

charge)

Between 1 January 2004 and

30 March 2006
14 years imprisonment

Threatening to do grievous

bodily harm

Between 1 January 2005 and

1 June 2005
7 years imprisonment

Male      assaults      female

(representative charge)

Between 1 January 2004 and

30 March 2006
2 years imprisonment

Male assaults female 29 December 2004 2 years imprisonment

Assault with a weapon
Between 4 December 2001

and 15 January 2002
5 years imprisonment

Male assaults female 9 July 2005 2 years imprisonment

Male assaults female
Between 1 August 2005 and

30 August 2005
2 years imprisonment

Injuring with intent to injure
Between 1 August 2005 and

30 August 2005
5 years imprisonment

Victim 3 – [N]

Male assaults female
Between 1 August 2005 and

30 August 2005
2 years imprisonment

Victim 4 – [M]

Sexual   violation   by   rape

(representative charge)

1    January   2007   and   8

October 2014
20 years imprisonment

Male assaults female
1   January   2007   and   31

December 2007
2 years imprisonment

Sexual violation by rape 11 April 2012 20 years imprisonment

Male assaults female 10 January 2013 2 years imprisonment

Threatening to do grievous

bodily harm

Between 1 March 2013 and

30 September 2013
7 years imprisonment

[2] There is a similarity in the offending towards each partner insofar as it involved these common features: you engaged in relationships with women who were younger than yourself. With your first partner,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Te Huia

Details

AGLC: R v Te Huia [2016] NZHC 1045
Case: [2016] NZHC 1045
Decision Date: 19 May 2016

CaseChat Overview and Summary

Michael Te Arawaka Te Huia was found guilty of 21 criminal offences involving serious sexual offending and physical violence against three former female partners over a period of 30 years. The court was required to decide on an appropriate sentence, taking into account the nature and seriousness of the offending, the vulnerability of the victims, and the risk of reoffending. The court determined that the offending was of a high degree of culpability, involved multiple victims and a significant degree of control and violence. Te Huia showed no insight into his offending, lacked remorse, and refused to accept responsibility. The court imposed a sentence of 19 years imprisonment with a minimum period of imprisonment of 9 years and 6 months for the sexual violation offences. The sentence was determined to be the least restrictive outcome appropriate in the circumstances, considering the seriousness of the offending and the need to protect the community.

Orders