R v Wirangi

Case [2007] NZCA 25


PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 139 CRIMINAL JUSTICE ACT 1985.

IN THE COURT OF APPEAL OF NEW ZEALAND

CA 454/06 [2007] NZCA 25

THE QUEEN

v

JACOB JAMES WIRANGI

Hearing:         21 February 2007

Court:            William Young P, Randerson and Harrison JJ Counsel:          A M Simperingham for Appellant

K Raftery for Respondent

Judgment:      27 February 2007         at 3 pm

JUDGMENT OF THE COURT

A        The appeal against sentence is allowed.

BThe  minimum  period  of  imprisonment  of  five  years  four  months  is quashed.

R V WIRANGI CA CA 454/06  27 February 2007

REASONS OF THE COURT

(Given by Randerson J)

[1]      The appellant was convicted after trial in the District Court before Judge Perkins and a jury on one count of rape.  He was sentenced on 7 June 2006 to eight years imprisonment with a minimum term of five years and four months (two-thirds of the eight year sentence).

[2]      His appeal against conviction was dismissed by this court on 25 October

2006 (CA228/06) but he has separately appealed against sentence.  This approach is undesirable and should not generally be followed.  There is no challenge to the eight year term but the minimum period of imprisonment is challenged on the basis it is manifestly excessive.

Facts

[3]      At the time of the offending, the complainant was a sixteen year old female student residing at her grandmother’s home.   The appellant was a friend of the complainant’s family and was asked to look after the grandmother’s home while she was  in  hospital.     On  the  evening  of  14  December  2004,  the  appellant,  the complainant and her younger cousin were at the grandmother’s property watching video movies.   The appellant made sexual advances to the complainant after her cousin had gone to bed.  He exposed his penis but she demanded he leave the house. The appellant then changed into her nightwear and went to bed.     She was later awoken by the appellant removing her bedclothes.  He removed her lower clothing and then raped her.  When this was completed he proceeded to masturbate himself in front of the complainant before dressing and leaving the property.

[4]      There  had  been  at  least  two  prior  occasions  when  the  appellant  had propositioned the complainant about sex, the last of which was only two days before the subject offending.  On each occasion the complainant had made it clear she did not want to have sexual contact with him.

[5]      At   trial,   the   appellant   admitted   having   sexual   intercourse   with   the complainant, but maintained she consented.

The sentencing remarks

[6]      The Judge noted the appellant was 38 years of age at the time of sentencing. Although he had some previous convictions, there were none for sexual or violent offending.    The  Judge  recorded  that  the  appellant  was  well  regarded  by  his employers but that the appellant continued to maintain his innocence and was unwilling to address any problems which might be associated with the offending.

[7]      Referring to the victim impact statement, the Judge described the effects on the…

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R v Wirangi [2007] NZCA 25
Case
[2007] NZCA 25
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CaseChat Overview and Summary

The appellant, Jacob James Wirangi, appealed against his sentence for rape, as imposed by the District Court. The court had sentenced him to eight years of imprisonment, with a minimum term of five years and four months. Wirangi's appeal against his conviction had been previously dismissed by the Court of Appeal. The sole issue before the court was whether the minimum term of imprisonment was manifestly excessive. The appellant's counsel argued that there were no factors justifying a minimum term of imprisonment, and that the eight-year term was sufficient to achieve the statutory purposes. The Crown's counsel submitted that the imposition of a minimum term was justified and the length was appropriate, considering the absence of remorse, the seriousness of the crime, and the need for community protection.

The court examined the statutory provisions and concluded that the District Court had not provided sufficient reasons for imposing a minimum term of imprisonment, other than a recitation of the statutory provisions. The court found that none of the matters considered by the District Court justified the imposition of a minimum term of imprisonment. The court also considered the statutory purposes under s 86(2) and found that the eight-year term and the usual minimum period of imprisonment under s 84(1) Parole Act 2002 were sufficient for those purposes. The court found the sentence to be manifestly excessive, and the appeal was allowed, quashing the minimum period of imprisonment of five years and four months.

The court's decision highlights the importance of providing clear reasons for imposing a minimum term of imprisonment and ensuring that the sentence imposed is not manifestly excessive. The court found that the usual minimum period under s 84(1) Parole Act 2002 was sufficient for the statutory purposes, and that there were no factors justifying a longer minimum term. The court's decision serves as a reminder to sentencing courts to carefully consider the statutory purposes and the factors relevant to imposing a minimum term of imprisonment.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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