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R v Tiori

R v Tiori

Case [2023] NZHC 1868 18 July 2023

Rehabilitative Prospects

Criminal Law

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IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2022-035-419

[2023] NZHC 1868

THE KING

v

TYRONE TIORI

Hearing: 18 July 2023

Appearances:

R H De Silva for Crown

I R Murray for Defendant

Judgment:

18 July 2023

SENTENCING REMARKS OF McQUEEN J

[1] Mr Tiori, you appear for sentence today having pleaded guilty to the following charges:

(a)assault on a person in a family relationship;1

(b)causing grievous bodily harm with intent to injure;2

(c)threatening to kill;3 and

(d)injuring with intent to injure.4

1      Crimes Act 1961, s 194A; maximum penalty two years’ imprisonment.
2      Section 188(2); maximum penalty seven years’ imprisonment.
3      Section 306; maximum penalty seven years’ imprisonment.
4      Crimes Act 1961, s 189(2); maximum penalty five years’ imprisonment.

THE KING v TIORI [2023] NZHC 1868 [18 July 2023]

[2]In explaining the sentence I intend to impose on you I will:

(a)First, outline the facts of the offending and the information I have from one of the victims of the offending.

(b)Second, I will refer to the starting point for the offending, and as you accepted the sentence indication I gave earlier this year, that discussion will be brief.5

(c)Finally, I will address all the circumstances that are personal to you and arrive at the final sentence.

The offending

[3] I turn now to describe the facts of the offending. The offending occurred in three distinct episodes. Because sentencing is a public function which is required to be undertaken in open court, it is important that I set these out.

[4] On 22 March 2022, you and your partner spent the night at a motel in Petone. At this time your partner was approximately eight months’ pregnant. The following morning, your partner noticed messages on your phone to another woman and confronted you about this. You became enraged, breaking a window, and tipping over furniture. Your partner asked to be taken home. Instead, you pushed her onto the bed, causing her waters to break. She was in pain, and so you both went to the hospital. Your partner however did not suffer any injuries, and the next day gave birth to a healthy baby boy. It is this episode that gives rise to the charge of assault on a person in a family relationship.

[5] By June 2022, you and your partner had ended your relationship, and she was the fulltime carer of your son. On 16 June 2022, you asked your now ex-partner if you could have your son at home for an afternoon. At that time, the baby had not been alone with you before. At around 1:00 pm, your ex-partner dropped your son off to

5 R v Tiori HC Wellington CRI-2022-035-419, 3 February 2023 (Sentencing Indication).

your home. During the time in which you were alone with your son you inflicted threatening injuries on him. It is not known how this occurred.

[6] When your ex-partner returned at approximately 7:00 pm, she found you and…

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 Tiori

Details

AGLC: R v Tiori [2023] NZHC 1868
Case: [2023] NZHC 1868
Decision Date: 18 July 2023

CaseChat Overview and Summary

Tyrone Tiori appeared before the High Court of New Zealand for sentencing on charges of assault on a person in a family relationship, causing grievous bodily harm with intent to injure, threatening to kill, and injuring with intent to injure. The court outlined the facts of the offending, which occurred in three distinct episodes involving Tiori's partner, their newborn son, and Tiori's brother's ex-partner. The son suffered severe and life-threatening injuries, while the brother's ex-partner sustained a fractured clavicle and bruising. The court considered a starting point for sentencing, taking into account aggravating factors such as the serious nature of the injuries and the vulnerability of the victims. A starting point of eight years' imprisonment was set, with a 25% discount for Tiori's guilty pleas. The court then considered Tiori's personal circumstances, including his upbringing marked by family violence, substance abuse, and gang involvement, as well as his addiction to methamphetamine. A 15% discount was applied for personal factors and a 5% discount for addiction and rehabilitative prospects. Tiori was sentenced to four years and five months' imprisonment, with all sentences to be served concurrently.

Orders