R v Werahiko

[2013] NZHC 3413

IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY

CRI 2012-083-890 [2013] NZHC 3413

THE QUEEN

v

MICHAEL UMANUI WERAHIKO

Hearing:                   18 December 2013

Counsel:                  L C Rowe for Crown

C P Brosnahan and D Goodlet for Accused

Sentence:                 18 December 2013

SENTENCE OF RONALD YOUNG J

[1]      Mr Werahiko, you have pleaded guilty to murder.  You pleaded guilty after a sentence indication hearing.  The sentence indication I gave was on the basis that no provocation had occurred.   At the time of the sentence indication  your counsel advised of the probability that submissions and possibly evidence would be given at final  sentencing  alleging provocation  and  they  would  invite  me  to  reduce  your minimum period of imprisonment.

[2]      I have been advised by you today that you do not wish to have your lawyers any longer represent you.  You have told me you wish to change your plea to not guilty.  It is a matter for you to judge whether or not you have lawyers representing you, I know that they have made considerable effort to try and convince you to

continue to allow them to act for you.

R v WERAHIKO [2013] NZHC 3413 [18 December 2013]

[3]      Secondly, having heard what you had to say to me today I do not consider that there is any basis upon which you could get leave to change your plea.  And so the fair thing for me to do, taking account of your rights but also the situation of the victims as well as societies rights, I have decided to proceed with sentencing today.  I have offered you the chance to give evidence relating to the alleged provocation but you have chosen not to do so and in those circumstances I discount that factor.

[4]      I deal firstly with the facts here.  You and Mr Round became friends although there was a substantial age disparity.  Mr Round was 77 years of age and lived alone in Wanganui when you killed him.  He had only shortly before moved to Wanganui. He was a well known journalist and a member of the New Zealand Order of Merit.

[5]      The two of you met at a gym.  Over a period of six months in late 2011 you and Mr Round spent quite some time together.  You told Mr Round that you wanted to turn your life around and he was prepared to support you.   However, during the time of your acquaintance you committed further crimes and you were imprisoned. You were released from prison in May 2012.

[6]      On the day you were released you headed back to Wanganui and during the journey you consumed considerable alcohol.  You were met by Mr Round at the bus stop and afterwards further alcohol was purchased. You and Mr Round then returned to his Campbell Street property. The two of you consumed further alcohol. You then went into town.  By late in the day you were said to be intoxicated, disruptive and abusive.   You threatened people with violence.   This continued in several bars. Eventually you returned to Mr Round’s address in the early evening.   You drank more alcohol.

[7]      You then fell asleep.  When you awoke you began by punching Mr Round in the face.   You violently attacked him.   Effectively you beat him with your fists, kicked and stomped him with your feet until he was dead.

[8]      This was a very violent killing.  Mr Round had crawled around the house to try to get away from you.  But you continued the attack on him.  Not only did you kick him in the head but you stomped him on his head. After the attack you took the keys to his car and drove his car.  You removed your clothing and disposed of it. You wiped Mr Round’s vehicle and removed the driver’s side foot mat which had blood on it.

[9]      The following morning you returned to the house.  You saw that Mr Round was in the same position that you had left him and you stopped a passersby to telephone the police to tell them of the death of Mr Round.  Mr Round had extensive injuries to his head, neck and torso.  Initially you claimed you had nothing to do with it but it was clear this was a lie.

[10]     I have read the victim impact reports.  They are primarily from Mr Round’s family, his daughters and son.  They speak of a kind, intelligent man and a highly respected journalist.   He was a loving and much loved father and grandfather. Understandably the family have the deepest sorrow for the loss of a much loved man.   I acknowledge the terrible victim impact this crime has had on Mr Round’s family.

[11]     The Crown submission is that this is a case where life imprisonment should be imposed and there should be a start sentence of a minimum of 17 years.  They stress that this was a lengthy beating; the force used was extensive; the pursuit of Mr Round through the house when he was seriously injured was callous and cruel. This was a determined, cruel and callous assault, they say.

[12]     The Crown accept that there should be a deduction from the 17 years for your guilty plea and it would be manifestly unjust not to do so.  But they stress the plea was close to trial.

[13]     I take into account the submissions that your counsel have filed.  You have chosen not to make further submissions.  They accept that the proper starting point is a minimum period of 17 years and they accept that the Crown’s submission that a reduction of two years for your guilty plea is appropriate.

[14]     Before I sentence you Mr Werahiko, I want to say something about what happened to you that day and what happened to Mr Round.  Mr Round showed great kindness to you.  He showed an interest in you when it was clear that most others would not.  He didn’t need to help you, he didn’t need to support you, but he did.  He did so out of kindness and decency.  And in the end you repaid him with the gross violence that killed him.

[15]     I am satisfied that a proper starting sentence is one of life imprisonment with a minimum period of 17 years.   I accept the Crown suggested deduction for your guilty plea is justified and I agree in the circumstances it would be manifestly unjust not to reflect that.   I, therefore, reduce your start sentence by two years to one of

15 years’ imprisonment as a result of that plea.

[16]     You are, therefore, sentenced to life imprisonment with a minimum period of

15 years imprisonment before you can be considered for release.

[17]     Given your conviction for murder you are now subject to the three strikes law.  I am now going to give you a warning of the consequences of another serious violent conviction.  You will also be given a written notice which contains a list of these ‘serious violent offences’.

First Strike Warning

[18]     Mr Werahiko when I sentenced you I neglected to give you a first strike warning.  I now do so.

[19]     If  you  are  convicted  of  any  serious  violent  offence  other  than  murder committed after this warning and if a Judge imposes a sentence of imprisonment then you will serve that sentence without parole or early release.

[20]     If you are convicted of murder after this warning then you must be sentenced to life imprisonment and that  will be served  without parole unless it would be manifestly unjust to do so.  In that event the Judge must sentence you to a minimum

term of imprisonment.

Ronald Young J

Solicitors:

Armstrong Barton, Crown Solicitors, Wanganui

C P Brosnahan, Barrister & Solicitor, Wanganui