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R v Winter

R v Winter

Case [2020] NZHC 1115 26 May 2020

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ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF WITNESS/CONNECTED PERSONS PURSUANT TO S 202 CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2018-092-7843

[2020] NZHC 1115

THE QUEEN

v

TOKO (ASHLEY) SHANE REI WINTER KERRY TE AMO

Counsel:
N E Walker and J C Toebes for Crown

M E Goodwin and E I Haronga for Winter S Tait and J M Hudson for Te Amo

Sentenced:

26 May 2020

Charges:

Murder, kidnapping

Plea:

Not Guilty

SENTENCING NOTES OF BREWER J

Solicitors/Counsel:
Kayes Fletcher Walker (Manukau) for Crown Matthew Goodwin (Auckland) for Winter Shane Tait (Manukau) for Te Amo

R v WINTER & TE AMO [2020] NZHC 1115 [26 May 2020]

Introduction

[1] Ms Winter and Mr Te Amo, I have to sentence you on your convictions for kidnapping and murdering Dimetrius Pairama. The maximum penalty for murder is life imprisonment. The maximum finite sentence for kidnapping is 14 years’ imprisonment. Ms Winter, in your case, because this offending was your second strike, I also have to consider whether you should be sentenced to life imprisonment without parole.

[2] It is important to realise that the sentences I will impose on you are not intended to somehow compensate Ms Pairama’s family for what you did to her. Nothing that I can do could achieve that. You have heard this morning from members of Ms Pairama’s family through their victim impact statements. I acknowledge that the pain and sense of loss they feel will not be made better by today’s sentencing.

[3] I also make it clear that my task in sentencing you is to respond as the law requires and on behalf of the community to what the jury found you to have done. As a Judge, I will do that clinically and without emotion.

Background facts

[4] The facts of your case were established in evidence at the trial. However, I have to be careful when sentencing each of you to apply only the evidence which was admissible against each of you and which I accept beyond reasonable doubt. In particular, I will not use any of the contents of Ms Winter’s police interview of 15 July 2018 against you, Mr Te Amo.

[5] This tragedy began on Friday, 6 July 2018. Ms Pairama was a vulnerable 17- year-old. She had learning difficulties and often acted like a 10-12 year old rather than someone in her late teens. She had personal problems and spent time sleeping rough on the streets of Auckland city. Nevertheless, she was described by one of her tutors as “beautiful, bubbly, happy, caring, just a lovely, lovely teenager”.

[6] At some point on the evening of 6 July 2018 Ms Pairama encountered you two and the sisters MT, aged 16, and RT, aged 14. You, Ms Winter, were then aged 27 and you, Mr Te Amo, were then aged 24.

[7] It seems MT knew Ms Pairama from…

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 Winter

Details

AGLC: R v Winter [2020] NZHC 1115
Case: [2020] NZHC 1115
Decision Date: 26 May 2020

CaseChat Overview and Summary

In the case of R v Winter, the High Court of New Zealand, Auckland Registry, handed down its sentencing decision on 26 May 2020. Ms Winter and Mr Te Amo were convicted of the kidnapping and murder of Dimetrius Pairama, a 17-year-old girl with learning difficulties. The court was tasked with determining the appropriate sentences for the defendants, considering both the nature of the crimes and the personal circumstances of the offenders.

The court identified several key legal issues, including the appropriate starting points for the minimum periods of imprisonment for each defendant, the relevance of personal circumstances such as intellectual disability and cultural background, and whether the sentences should include life imprisonment without parole. The court considered the submissions of counsel and reviewed various sentencing precedents to guide its decision.

The court's reasoning was thorough and methodical. It began by assessing the nature of the offences, highlighting the premeditation and extreme cruelty involved in the kidnapping and murder. The court found Ms Winter to be the dominant offender, adopting a starting point of 21 years for her minimum period of imprisonment, and a starting point of 20 years for Mr Te Amo. After considering the defendants' personal circumstances, the court reduced Ms Winter's starting point by 10%, resulting in a minimum period of imprisonment of 19 years and four months. For Mr Te Amo, the court reduced his starting point by 5%. The court also addressed the possibility of sentencing the defendants to life imprisonment without parole, ultimately deciding against it for both defendants.

The final orders of the court were that Ms Winter be sentenced to life imprisonment with a minimum period of 19 years and four months for murder and seven years for kidnapping. Mr Te Amo was sentenced to life imprisonment with a minimum period of 19 years for murder and seven years for kidnapping. The sentences reflect the gravity of the crimes while also taking into account the personal circumstances of the defendants.

Orders