IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2019-009-012005
[2020] NZHC 3203
THE QUEEN v
KAINE VAN HEMERT
Hearing: 4 December 2020 Counsel:
D L Elsmore for the Crown
J Rapley QC for Mr Van Hemert
Judgment:
7 December 2020
SENTENCING NOTES OF DOOGUE J
Introduction
[1] Kaine Van Hemert, you appear for sentence having pleaded guilty to one charge of murder.1
Background
The offending
[2] Over the period of Christmas 2019, you were experiencing a deterioration in your mental health. Mental health services were notified, and they attended on you on 30 December 2019. They decided, in consultation with your family, that your
1 Crimes Act 1961, s 172; maximum penalty life imprisonment.
R v VAN HEMERT [2020] NZHC 3203 [7 December 2020]
mental health could be managed with medication and a voluntary appearance at Hillmorton Hospital the following day.
[3] At approximately 3.47 am the following day (31 December 2019), you were seen driving your vehicle in the area of Manchester Street, Christchurch. Around
4.00 am, you fixed a different number plate to your vehicle, using cable ties, effectively concealing the correct registration of your vehicle.
[4] At this time, the victim, Bella Te Pania, was working on Manchester Street as a sex worker, standing between Aberdeen Street and Salisbury Street. You stopped and spoke to her briefly, before she got into the front passenger seat of your vehicle. You drove to an unidentified location, near Grahams Road in Burnside, and had a discussion about payment and services offered by Ms Te Pania.
[5] You stated that Ms Te Pania attempted to strike you with a weapon. You then pulled out a large knife with a 20 cm blade, similar to a fish filleting knife, and stabbed Ms Te Pania multiple times. You also hit her on the head with a weapon, more than once.
[6] Your vehicle was then tracked on CCTV footage driving erratically through the wider Christchurch area. You drove north out of Christchurch, and then back towards the airport. At about 6.45 am, you drove into the secure Air New Zealand engineering site at Orchard Road, Christchurch, where Air New Zealand staff called the police.
[7] Ms Te Pania was found in the front passenger seat of your vehicle. The front windscreen of your vehicle was smashed. A footprint from Ms Te Pania’s shoe was detected on the windscreen. A search of the vehicle revealed two knives, an awl, and a rock in the vicinity of the passenger seat of the vehicle. A sledgehammer was found in the rear of the vehicle. The rock found in the passenger seat of the vehicle was found to contain both your blood and Ms Te Pania’s blood, and could have caused some of Ms Te Pania’s injuries.
[8] Ms Te Pania suffered extensive external injuries, of both sharp force cutting and blunt force, as follows:
(a)A large slash wound to the lower lateral left thigh, which penetrated deeply…
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- R v Van Hemert [2020] NZHC 3203
- Case
- [2020] NZHC 3203
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Orders
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Background
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