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R v Telefoni

R v Telefoni

Case [2021] NZHC 3295 3 December 2021

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-044-000915

[2021] NZHC 3295

THE QUEEN

v

LOPETI TELEFONI

Hearing: 3 December 2021

Appearances:

David Wiseman and Josie Butcher for the Crown Emma Priest and Scott Brickell for the Defendant

Sentencing Notes:

3 December 2021

SENTENCING NOTES OF MOORE J

R v TELEFONI [2021] NZHC 3295 [3 December 2021]

Introduction

[1] Lopeti Telefoni, at the age of 22, you appear for sentence having been convicted of the manslaughter of Blake Lee.1 I presided over your three week trial in this Court. Before it started you pleaded guilty to a charge of injuring Cesar Su’a with intent to injure.2

[2] The facts are well known to you, but because the process of sentencing is quintessentially a public function which must be carried out in open Court, I must set out the facts which are relevant to my assessment of the appropriate sentence. However, before I do that, I need to explain how your charges link in with your three other co-defendants.

Procedural background

[3] You, with three others, Messrs Lisiate, Ngamoki and Tuliloa were jointly charged with the murder of Mr Lee and the assault on Mr Su’a. Mr Lisiate pleaded guilty to the murder charge on 19 May 2021. COVID-19 intervened and delayed his sentencing. He will now be sentenced next week.

[4] At the start of the trial, you and Messrs Ngamoki and Tuliloa pleaded guilty to the joint charge relating to Mr Su’a. The jury acquitted Messrs Ngamoki and Tuliloa of any form of culpable homicide. The jury acquitted you of murder but found you guilty of manslaughter.

[5] I have already sentenced Messrs Ngamoki and Tuliloa. I sentenced Mr Ngamoki to 23 months’ imprisonment and Mr Tuliloa to 22 months. The starting point for each was two years.

Facts

[6]I turn now to set out the facts.

1 Crimes Act 1961, ss 160, 171 and 177. Maximum penalty life imprisonment.
2 Section 189(2). Maximum penalty five years’ imprisonment.

[7] The facts in relation to the manslaughter of Mr Lee are as established through the evidence at trial. The facts in relation to the charge relating to Mr Su’a are as contained in the summary of facts. For the purposes of today’s sentencing the distinction is a fine one and little or nothing turns on it.

[8] In March 2020, you were an inmate at Auckland’s maximum security prison at Paremoremo. You were serving a three year and two month sentence for burglary and robbery.

[9] On the afternoon of 5 March 2020, there were eight inmates in Exercise Yard 5. Two of those were not involved in what happened. In addition to you, the others were Messrs Lee, Su’a, Lisiate, Ngamoki and Tuliloa. It was your one hour of allotted daily exercise time.

[10] What happened in that yard up to and including the attack on Messrs Lee and Su’a was recorded by two CCTV cameras positioned opposite each…

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 Telefoni

Details

AGLC: R v Telefoni [2021] NZHC 3295
Case: [2021] NZHC 3295
Decision Date: 3 December 2021

CaseChat Overview and Summary

Lopeti Telefoni was convicted of the manslaughter of Blake Lee and injuring Cesar Su’a with intent to injure. The High Court of New Zealand was required to determine the appropriate sentence for Telefoni. The court had to consider the purposes and principles of sentencing, the aggravating and mitigating factors, and the totality principle. The court found that Telefoni's involvement in the attack on Lee and Su’a was premeditated and that he played an active role in the assault. The court also found that the attack was motivated by a gang gesture, but rejected the argument that the attack was spontaneous and provoked. The court considered the seriousness of the violence, the vulnerability of the victims, and the number of attackers. The court found that the manslaughter charge was the lead charge for sentencing purposes and set a starting point of nine years' imprisonment. The court also considered personal aggravating and mitigating factors, such as Telefoni's criminal history and his background and personal circumstances. The court made a totality adjustment and reduced the sentence by two years and eight months, resulting in a sentence of four years' imprisonment for manslaughter and two years' imprisonment for injuring Su’a with intent to injure. The sentences are to be served cumulatively on the sentence Telefoni is presently serving.

Orders