R v Wilson-Tipa - [2024] NZHC 626

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CRI-2022-043-1562

[2024] NZHC 626

THE KING

v

TAMATI TEARIKI MATENE WILSON-TIPA

Hearing: 20 March 2024

Appearances:

J M Woodcock for the Crown

P Keegan and P J Mooney for the Defendant

Date:

21 March 2024

SENTENCING OF COOKE J

[1] Mr Wilson-Tipa it is now my function to sentence you on the charge of murdering Mr Lionel Peat as a consequence of your guilty plea following an earlier sentencing indication that I provided. The guilty plea relates to murder,1 three representative charges of injuring with intent to injure,2 wounding with intent to cause grievous bodily harm,3 and assault with intent to injure.4 All those charges relate to Mr Peat apart from the charge of assault with intent to injure which relates to Ms Caroline Johnson.

[2]In explaining the sentence that I will impose upon you I will:

1      Crimes Act 1961, ss 160(2)(a), 167(1)(a)–(b) and 172; maximum penalty life imprisonment.
2      Crimes Act, s 189(2); maximum penalty five years’ imprisonment.
3      Crimes Act, s 188(1); maximum penalty 14 years’ imprisonment.
4      Crimes Act, s 193; maximum penalty three years’ imprisonment.

R v WILSON-TIPA [2024] NZHC 626 [21 March 2024]

(a)First outline the facts of the offending to which your guilty pleas relate;

(b)Then outline the general approach to sentencing for murder, including the presumption of life imprisonment that is involved and why it applies in your case;

(c)I will then address what is called the minimum period of imprisonment
— that is the period that you must serve in prison before being eligible to be considered for parole — and the requirements for that minimum that apply in your case;

(d)And then finally I will outline what the minimum period of imprisonment should be in light of the circumstances of this case, including your personal circumstances which have been described in reports to the Court.

The offending

[3] The offending is described in the agreed summary of facts to which your guilty pleas relate. Sentencing is a public process, and I must describe what happened in some detail. I acknowledge that some may well find this distressing.

[4] You and Mr Peat resided together for two years at Mr Peat’s address at Fairfield Road in Hawera. You met when you were struggling to find a place to live. Mr Peat invited you to live at his home.

[5] Mr Peat suffered from chronic mental health issues for which he was medicated, and he suffered physical ailments. Ms Johnson also had an intellectual disability. You met Ms Johnson through a dating website. You were friends after a short while dating.

[6] The three of you would regularly socialise together at either Mr Peat’s or Ms Johnson’s home. You became controlling towards both of them over the course of your relationship. You would get them to run you errands, such as purchasing food

and alcohol. If they did not do what you wanted, you…

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 Wilson-Tipa

Details

AGLC: R v Wilson-Tipa [2024] NZHC 626
Case: [2024] NZHC 626
Decision Date: 21 March 2024

CaseChat Overview and Summary

The case of R v Wilson-Tipa before the High Court of New Zealand involved Tamati Teariki Matene Wilson-Tipa who pleaded guilty to charges including murder, injuring with intent to injure, wounding with intent to cause grievous bodily harm, and assault with intent to injure. The court was tasked with sentencing Wilson-Tipa on these charges. The primary legal issues included determining the appropriate sentence for the murder of Lionel Peat, assessing the minimum period of imprisonment (MPI) that Wilson-Tipa must serve before being eligible for parole, and considering any mitigating factors in light of Wilson-Tipa's personal circumstances.

The court began by outlining the brutal and prolonged nature of the offending against Lionel Peat, who was subjected to repeated violent attacks over several months, culminating in his death. Wilson-Tipa's assaults were characterized by brutality and cruelty, targeting Peat's head and chest, and continuing even after Peat had been rendered unconscious. The court noted that Wilson-Tipa's relationship with Peat was marked by control and abuse, and Peat's vulnerability due to his mental and physical health exacerbated the harm caused. The court held that Wilson-Tipa's actions warranted a sentence of life imprisonment, with a mandatory minimum period of imprisonment (MPI) of at least 17 years, as the murder involved factors of brutality and cruelty under s 104 of the Sentencing Act. The court rejected arguments for a reduction in the MPI based on Wilson-Tipa's personal circumstances, emphasizing that his background, while challenging, did not excuse his culpability.

Regarding the other charges, the court imposed concurrent sentences for injuring with intent to injure, wounding with intent to cause grievous bodily harm, and assault with intent to injure. Wilson-Tipa was sentenced to life imprisonment for the murder, with a minimum period of imprisonment of 17 years, and concurrent terms for the other offences. The court concluded by formally sentencing Wilson-Tipa and directing him to stand down.

Orders