R v Wereta

Rawiri David Wereta appeared in the High Court of New Zealand in Auckland to receive sentencing after pleading guilty to charges of wounding with intent to cause grievous bodily harm and assault with intent to injure. The maximum penalties for these offences are 14 and three years’ imprisonment, respectively. Wereta was already serving sentences for other serious offences, including violent crimes, and received a second strike warning upon his conviction for the present offences, meaning he would have to serve the sentence without parole. The court heard that the offending occurred in Paremoremo Prison, where Wereta and two co-offenders attacked two other inmates, Tangi Nikoia and Tyrone Makimare, in their cells. Wereta was the principal offender and used a weapon during the attack.

The court had to decide the appropriate sentence, taking into account the gravity of the offending, the seriousness of the type of offence, and the need for deterrence and denunciation. The court referred to previous cases involving similar offending to establish a starting point of nine years’ imprisonment for the attack on Nikoia, with an additional uplift for the totality of the offending, bringing the provisional starting point to nine years six months. The court also considered Wereta's personal circumstances and positive steps he had taken, such as attending a psychologist to address his anger issues. The final sentence was six years eight months, to be served cumulatively with the sentence Wereta was already serving.

The court concluded that the sentence met the objectives of deterrence and denunciation, and the need to effectively manage a prison environment. The court also indicated that, had the offending not been a second-stage offence, a minimum period of 50% would have been imposed for the parole period. The court encouraged Wereta to stay on a positive path and leave gang life behind.