R v Wereta - [2017] NZHC 1762

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2016-044-003270 [2017] NZHC 1762

THE QUEEN

v

RAWIRI DAVID WERETA

Hearing: 28 July 2017

Appearances:

S L McColgan for the Crown
K H Maxwell for the Defendant

Sentencing:

28 July 2017

SENTENCING NOTES OF WOOLFORD J

Solicitors/Counsel:
K H Maxwell, Auckland
Crown Solicitor’s Office, Auckland

R v WERETA [2017] NZHC 1762 [28 July 2017]

Introduction

[1] Mr Wereta you appear for sentence having pleaded guilty to one charge of assault with a weapon, which carries a maximum penalty of five years imprisonment,1 and one charge of common assault, which carries a maximum penalty of one years imprisonment.2

Factual background

The current offending

[2] The offending took place while you and the victims were inmates in D Block at Auckland Prison, on 11 September 2016. You and the victims were on the landing around lunchtime. You were holding a makeshift weapon hidden under a towel. The weapon was a 30–40cm long sharpened piece of metal, called a shank.

[3] You walked up to the first victim and punched him once in the face, causing him to fall to the ground.

[4] You then approached the second victim and dropped the towel to reveal the shank. He was holding a broom. You hit him in the head and arm with the shank, slashing at him a number of times. When Corrections guards intervened you discarded the shank out of the window and returned to your cell.

[5] The second victim sustained a cut to his head and a five cm laceration to his left hand. The cut to his hand severed some ligaments, leaving him unable to move three of his fingers. He required surgery to repair the ligament damage.

[6] You told the author of your pre-sentence report that you had been threatened and were protecting yourself. You were of the view that this was the only way to deal with the situation, and say you feared for your life.

Personal circumstances

[7] Mr Wereta, you are a 34 year old man of Ngāti Porou descent. You have

47 previous convictions, as well as many more notations in the Youth Court. You have committed four offences involving serious violence in the past five years, warranting two strike-one and two strike-two warnings. This is not the first time you have attacked another prisoner; indeed you have been sentenced twice before in this
court for incidents in D block.3 You are currently serving an exceptionally long

prison sentence totalling more than 21 years.

[8] The Department of Corrections report prepared prior to this sentencing provides some details of your life in prison. It reports there has been an obvious improvement in your behaviour and attitude in the past six months. Although there are several negative incidents recorded on your file since this offending occurred, there are no negative file notes since March 2017. You have been working on the landing as a cleaner, and your case manager reports you are progressing well. You are…

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 Wereta

Details

AGLC: R v Wereta [2017] NZHC 1762
Case: [2017] NZHC 1762
Decision Date: 28 July 2017

CaseChat Overview and Summary

Rawiri David Wereta appeared in the High Court of New Zealand for sentencing after pleading guilty to charges of assault with a weapon and common assault. The assault with a weapon charge carried a maximum penalty of five years imprisonment, while the common assault charge carried a maximum penalty of one year imprisonment. The court heard that the offences occurred in Auckland Prison on 11 September 2016. Wereta had fashioned a makeshift weapon, a 30–40cm long sharpened piece of metal, and assaulted two victims, causing significant injuries to one. The court was required to determine an appropriate sentence, taking into account the purposes and principles of sentencing as set out in the Sentencing Act 2002.

The court first established a suitable starting point for the offending, considering the gravity of the offences and the presence of aggravating factors such as premeditation, use of a weapon, and attack on the head. The court found that the offending fell within band two of the Nuku v R tariff, with a starting point of up to three years imprisonment. The court also considered relevant cases with similar offending, adjusting the starting point based on the specific circumstances of the case. The court then adjusted the starting point based on Wereta's personal circumstances, including his lengthy criminal history and previous convictions for violence. The court applied an uplift of two months to reflect Wereta's greater culpability and the need for increased deterrence, as well as the seriousness of offending in a prison setting. Finally, the court applied a 25% discount for Wereta's guilty plea, bringing the sentence to 12 months.

The court then considered the impact of the sentence in totality, taking into account Wereta's existing prison term. The court decided to reduce the sentence to 10 months imprisonment for the assault with a weapon charge and three months imprisonment for the common assault charge, to be served concurrently. The court noted that Wereta would not be eligible for parole until 2028.

Orders