R v Wereta - [2017] NZHC 935

NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS, OF COMPLAINANTS PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011.

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2015-054-1747 [2017] NZHC 935

THE QUEEN

v

TURANGA WERETA

Hearing: 10 May 2017

Counsel:

D R Davies for Crown
P L Murray for Defendant

Sentencing:

10 May 2017

SENTENCING NOTES OF THOMAS J

Introduction

[1] Mr Wereta, you appeared before Judge Large in the Palmerston North District Court for a judge-alone trial from 12-16 September 2016. You pleaded guilty to the following charges at the conclusion of the evidence in chief of the two victims, Ms H and Ms K:

(a) in respect of Ms H: one representative charge of male assaults female;1 and

1 Charge two, Crimes Act 1961 s 194(b). Maximum penalty two years’ imprisonment.

R v WERETA [2017] NZHC 935 [10 May 2017]

(b)in respect of Ms K: one charge of male assaults female,2 one charge of injuring with intent to injure,3 one charge of assault with a weapon4 and one charge of wounding with intent to injure.5

[2] You were convicted by Judge Large in his decision on 21 September 20166 of the following charges against the victims:

(a) Ms H: one representative charge of kidnapping,7 two charges of injuring with intent to injure,8 one charge of male assaults female;9 and

(b)Ms K: one charge of attempted sexual violation,10 one charge of sexual violation by unlawful sexual connection11 and one charge of kidnapping.12

[3] You appear today for sentence on those charges.

Facts

[4] There were two victims in this matter.

Ms H

[5] You and Ms H had been in a relationship for nine years prior to your offending. You have two daughters together who are in the care of extended family
members.

2      Charge 11, Crimes Act 1961, s 194(b). Maximum penalty two years’ imprisonment.
3      Charge 12, s 189(2). Maximum penalty five years’ imprisonment.
4      Charge 13, s 202C. Maximum penalty five years’ imprisonment.
5      Charge 14, s 188(2). Maximum penalty seven years’ imprisonment.
6      R v Wereta [2016] NZDC 18670.
7      Charge one, Crimes Act 1961, s 209(b). Maximum penalty 14 years’ imprisonment.
8      Charges six and seven, s 189(2). Maximum penalty five years’ imprisonment.
9      Charge eight, s 194(b). Maximum penalty two years’ imprisonment.
10     Charge 15, s 128(b) and 129(1). Maximum penalty 20 years’ imprisonment.
11     Charge 16, s 128(1)(b) and 128B. Maximum penalty 20 years’ imprisonment.
12     Charge 17, s 209(b). Maximum penalty 14 years’ imprisonment.

Charge 1 – kidnapping (representative)

[6] Between 10 February 2015 and 29 May 2015 you unlawfully detained Ms H in a house truck where you were staying with intent to cause her to be confined. You threatened to cut her up, put her in a bag and leave it at her koro’s house to cause her koro to have a heart attack. The Judge described this as a threat you used to control and detain Ms H, sufficient to satisfy the requirements…

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 935
Case: [2017] NZHC 935
Decision Date: 10 May 2017

CaseChat Overview and Summary

Turanga Wereta was convicted by a judge alone in the Palmerston North District Court of a series of offences against two victims, Ms H and Ms K. Wereta appeared before Thomas J in the High Court at Palmerston North for sentence. The court was required to determine whether a sentence of preventive detention was appropriate, and if not, the appropriate finite sentence having regard to the nature and circumstances of the offending and Wereta’s personal circumstances. The court concluded that a finite sentence was appropriate and sentenced Wereta to a total of 13 years’ imprisonment with a minimum non-parole period of six years and six months. The court found that while the offending was of a serious nature, Wereta’s youth and willingness to engage in rehabilitation were mitigating factors. The court also found that the risk of reoffending could be managed through intensive rehabilitation and, if necessary, an extended supervision order. The court considered the starting point for the offending against Ms K to be 11 years’ imprisonment, and the offending against Ms H to attract a starting point of five years’ imprisonment. The court imposed an uplift of three years for totality, resulting in a combined starting point of 14 years’ imprisonment. The court applied discounts for guilty pleas and denied a discount for remorse, resulting in a final sentence of 13 years’ imprisonment.

Orders