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R v Te Kani

R v Te Kani

Case [2018] NZHC 3134 29 November 2018

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NOTE: PUBLICATION OF NAMES, ADDRESSES OR OCCUPATIONS OF ANY PERSONS UNDER THE AGE OF 18 YEARS WHO ARE NAMED AS A COMPLAINANT/WITNESS UNDER 18 YEARS OF AGE PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2017-063-3504 CRI-2017-063-4548

[2018] NZHC 3134

THE QUEEN

v

RICHARD TUWHAKAKORONGO TE ROROA TE KANI

Hearing: 29 November 2018

Appearances:

D J McWilliam for Crown

A M M Schulze for Defendant

Sentence:

29 November 2018

SENTENCE OF PAUL DAVISON J

Solicitors:
Crown Solicitor, Rotorua

R v TE KANI [2018] NZHC 3134 [29 November 2018]

Introduction

[1] Richard Te Kani you appear for sentence today having pleaded guilty to two charges of manslaughter,1 one charge of manufacturing methamphetamine,2 two charges of being an accessory after the fact to murder,3 and four charges of neglect of a child.4 Mr Te Kani you also face two charges of threatening to kill,5 but the Crown has indicated that it offered no evidence on those charges and I propose to dismiss them at the conclusion of your sentencing.

[2] However, I commence by acknowledging the family and friends of the two victims, Raymond Fleet and James Fleet, who are present in Court today. Some of you have written victim impact statements in which you have described the profound sense of loss and your distress following the deaths of your much-loved family members and close friends. I have read all the victim impact statements written by members of the Fleet whānau and friends of Raymond and James, and I extend this Court’s sincere sympathy to all of you for your loss. Ms Georgina Fleet’s statement to the Court this morning was of course heart-wrenching, and reflects the thoughts and feelings of you all. The loss of loved ones in circumstances such as occurred in this case leaves family members and close friends with an ever present and enduring sense of loss as you daily confront your lives without the love and affection and presence of your beloved family members.

[3] This sentencing today is to hold you Mr Te Kani legally accountable for your role in the events that led to the deaths of Raymond and James, but of course the pain, inconsolable sadness and loss that you feel will endure beyond this sentencing today, and the Court recognises that to be so. While I have read and taken account of all of the victim impact statements, I particularly acknowledge the brave and powerful accounts of grief in the victim impact statements of Raymond’s mother Georgina, who is also of course James’s grandmother, and of James’s mother. To ensure that what

1      Crimes Act 1961, ss 160, 171 and 177.
2      Misuse of Drugs Act 1975, s 6(1)(b).
3      Crimes Act, s 176.
4      Crimes Act, s 195.
5      Crimes Act, s 306(1)(a).

has been so bravely and clearly explained and described by the victims’ family in their statements is known…

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 Kani

Details

AGLC: R v Te Kani [2018] NZHC 3134
Case: [2018] NZHC 3134
Decision Date: 29 November 2018

CaseChat Overview and Summary

The case of R v Te Kani involved sentencing for multiple charges including manslaughter, accessory after the fact to murder, manufacturing methamphetamine, and neglect of a child. The court had to determine the appropriate starting points for each charge, taking into account the aggravating and mitigating factors, and then adjust the starting points to reflect the totality of the offending and personal circumstances of the offender. The court also considered the purposes and principles of sentencing, which included holding the offender accountable, denouncing the conduct, and deterring the offender and others from similar conduct. The court imposed concurrent sentences for the manslaughter and accessory charges and cumulative sentences for the manufacturing and neglect charges. After adjusting the starting point for personal factors and considering the totality of the offending, the court arrived at a final sentence of 15 years' imprisonment. The court also dismissed the charges of threatening to kill as the Crown had offered no evidence on those charges.

Orders