R v Te Tomo - [2017] NZHC 1628

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

CRI-2015-476-000005 [2017] NZHC 1628

THE QUEEN

v

KOOLY MANGAKI TE TOMO

Hearing: 14 July 2017

Appearances:

A McRae for the Crown
J Rapley and P Bradford for the Defendant

Date:

14 July 2017

SENTENCING REMARKS OF NATION J

[1] Mr Te Tomo, you must now be sentenced for manslaughter and assault with intent to rob.

[2] You have two young children. You have parents. I have been told that you knew Arran Gairns’ partner from when you were children. I have been told today how you knew the family and the people who read their victim impact reports. You have heard about the profound grief and distress Arran Gairns’ death has brought to his immediate family and partner.

[3] But, for your actions, and the actions of Ms Lucas, Mr Marshall and Mr Perry, Mr Gairns would still be alive. However, everything that happened resulted from the way all of you, including sadly Mr Gairns, were using methamphetamine.

[4] I have received letters from people who have supported you while you have been on remand. They offer some hope that you may be able to turn your life

R v TE TOMO [2017] NZHC 1628 [14 July 2017]

around. You need to. Here you are facing a significant prison sentence. Your use of methamphetamine and the associations you kept as part of that have led to you being responsible for the death of someone not much older than you.

[5] I again need to acknowledge the victims of your offending, those of you who have come to Court to read your victim impact reports and those of you who wanted to honour Mr Gairns through being present during the particularly long ordeal of the Court proceedings involving the different defendants.

[6] On the night of Friday 30 May 2014, Mr Gairns travelled to Christchurch and obtained a modest quantity of methamphetamine, mainly for his own use. In the early hours of the next morning, he met with Ms Lucas, your former partner and the mother of your children. They shared some of that methamphetamine and then agreed to work together to sell some of what remained. Through texts, Ms Lucas told her friend Stacey Curtis and you of what was in prospect. On her way back to Stacey Curtis’ house, Ms Lucas texted you and told you to come out onto the road and not to say anything to other people about what was happening. You went out to meet with Ms Lucas. I am satisfied that it was after you had met with Ms Lucas that she sent the text message to Stacey Curtis saying that she was going to rip-off Mr Gairns and that she had an easy way to set him up.

[7] It was after this that you got a knife from a drawer. I cannot be sure that you took the knife with you but I am sure that you were, from early on, part of…

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 Tomo

Details

AGLC: R v Te Tomo [2017] NZHC 1628
Case: [2017] NZHC 1628
Decision Date: 14 July 2017

CaseChat Overview and Summary

Kooly Mangaki Te Tomo was charged with manslaughter and assault with intent to rob in relation to the death of Arran Gairns, which occurred following a drug deal gone wrong. The case was heard in the High Court of New Zealand at Timaru. The court was tasked with determining the appropriate sentence for Te Tomo, considering the aggravating and mitigating factors, and ensuring consistency with sentences handed down to co-defendants.

The court considered various factors, including Te Tomo's involvement in planning the drug deal, his role in the assault on Gairns, and the premeditated nature of the crime. While Te Tomo did not intend for Gairns to die, the court found that it was foreseeable that Gairns would attempt to flee due to the threats and violence he faced, leading to his tragic death. The court also examined Te Tomo's criminal history, his willingness to participate in restorative justice, and his potential for rehabilitation.

After considering the aggravating and mitigating factors, the court determined an appropriate starting point for Te Tomo's sentence, which was then adjusted to account for his previous convictions and the length of time he had been on bail. The court also noted that Te Tomo had not demonstrated the same level of remorse and cooperation as his co-defendants, which further influenced the sentencing decision.

Te Tomo was sentenced to imprisonment for four and a half years on the charge of manslaughter and two and a half years on the charge of assault with intent to rob, with both sentences to run concurrently. The court also issued a three strikes warning to Te Tomo, highlighting the serious nature of his criminal history and the potential consequences of future convictions. Additionally, the court remitted Te Tomo's outstanding fines, although it was noted that the High Court did not have jurisdiction to do so and the matter would need to be addressed through the District Court.

Orders