R v Te Pou - [2023] NZHC 3483

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CRI-2023-020-1626

[2023] NZHC 3483

THE KING

v

MITHIAS OSHAE TE POU

Hearing: 1 December 2023

Appearances:

S B Manning for the Crown

N M Graham for the Defendant

Sentencing:

1 December 2023

SENTENCING BY PALMER J

Solicitors
Elvidge & Partners, Napier Nicola Graham Law, Napier

R v TE POU [2023] NZHC 3483 [1 December 2023]

[1] E nga mana, e nga waka, e nga reo. Tēnā koutou, tena koutou, tena koutou katoa. This case is tragic for all involved. Mr Mithias Te Pou is aged 23 and has whakapapa connections to Ngāi Tūhoe and Ngāti Tūwharetoa. He has pleaded guilty to manslaughter, seven charges of reckless driving causing injury, and failing to stop for flashing red and blue lights. These offences are punishable by up to life imprisonment, up to five years’ imprisonment, and a fine of up to $10,000, respectively. I sentence him today. Because there are others involved with the same last name, I will call him Mithias, just to be clear.

What happened?

[2] On 29 October 2022, Mithias hosted a Halloween party. He was in a full-length plaster leg cast and needed crutches to walk. At the party, he consumed alcohol, methamphetamine, cannabis, and ecstasy (or MDMA). Many people at the party told him not to drive and attempted to remove his car keys. He ignored them and refused to hand over the keys.

[3] Around 11.30 pm, Mithias left the party and took eight others with him in his five-seater small SUV, to go to nightclubs in Napier. They were:

(a)his younger sister, then aged 21, Sapphire Te Pou;

(b)his cousins, Te Aroha Te Pou then aged 19, Makaire Hesketh then aged 21, and Harmony Te Pou, then aged 20;

(c)his then partner and mother of his three children, Autumn McGirven, then aged 25; and

(d)others he knew well, Ryan Boyce then aged 21, Elijah Watene then aged 19, and Quinesha Watene-Depina then aged 20.

[4] Makaire was in the front passenger seat. Te Aroha, Ryan, and Sapphire sat in the back seat. Quinesha lay across Ryan and Sapphire. Autumn, Elijah, and Harmony were in the boot.

[5] Mithias, in his leg cast, first drove to Ryan’s house, accelerating over a speed bump. His passengers told him to slow down. He ignored them and continued to drive aggressively. He drove towards Clive Square in central Napier. Approaching an intersection there, he slammed the brakes on and off, jolting the people in the car backwards and forwards. Two marked Police cars drove past the intersection and Mithias accelerated heavily after the first one had passed, cutting in front of the second one, which avoided a collision by slamming on its brakes.

[6] The Police pursued Mithias’ car, signalling him to stop. He continued to accelerate, doing an estimated 80 to 100 kph along Tennyson Street, in the 50 kph zone of central Napier. The Police stopped the chase. Mithias…

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 Pou

Details

AGLC: R v Te Pou [2023] NZHC 3483
Case: [2023] NZHC 3483
Decision Date: 1 December 2023

CaseChat Overview and Summary

Mithias Te Pou, a 23-year-old man with ties to Ngāi Tūhoe and Ngāti Tūwharetoa, pleaded guilty to manslaughter, seven counts of reckless driving causing injury, and failing to stop for police. The incident arose from a Halloween party where Te Pou, under the influence of alcohol and drugs and in a leg cast, ignored advice not to drive and left with eight passengers. His dangerous driving led to a collision resulting in the death of Harmony Te Pou and severe injuries to others. The High Court of New Zealand, Napier Registry, presided over the sentencing, with submissions from the Crown and defence counsel.

The court had to determine an appropriate starting point for sentencing given the gravity of the offences and Te Pou's personal circumstances. The Crown argued for a starting point of 10 to 11 years, while the defence suggested nine to 10 years. The court considered various aggravating factors, including Te Pou's drug and alcohol consumption, excessive speed, disregard for passenger warnings, and the severe consequences of his actions. Comparing the case to similar precedents, the court found the offending marginally worse and set a starting point of nine years and six months.

Adjusting for Te Pou's personal circumstances, the court applied discounts for his significant trauma leading to substance abuse, youth, genuine remorse, and his early guilty plea. These adjustments reduced the sentence to five years and eight months. The court also ordered a four-year driving disqualification upon release.

In sentencing, Palmer J imposed five years and eight months' imprisonment for manslaughter, concurrent terms for the reckless driving charges, and a discharge for the offence of failing to stop for police. The court's final order included a four-year driving disqualification upon release. The decision underscored the importance of holding Te Pou accountable while considering his personal background and potential for rehabilitation.

Orders