R v Wirihana

The case of R v Wirihana involved sentencing for the manslaughter of Mr Wipatene Mason, following a violent altercation on Christmas Eve in 2020. The defendant, Wilson Wirihana, was acquitted of murder but found guilty of manslaughter by a jury. The court had to determine an appropriate sentence, taking into account the purposes and principles of the Sentencing Act 2002, including accountability, deterrence, community protection, and the defendant's rehabilitative prospects. The court also considered the defendant's personal circumstances, including his background, criminal history, and mental health issues, as well as the impact of the offence on the victim's family.

The court found that the defendant's offending involved a single stab to the neck, which caused the victim's death. The defendant had a criminal history, with a previous conviction for wounding with intent to cause grievous bodily harm. The court determined a starting point of seven years' imprisonment, reflecting the gravity of the offending. The court then applied discounts for the defendant's offer to plead guilty to manslaughter, his rehabilitative prospects, and remorse, resulting in a sentence of four years and six months' imprisonment.

The court also considered whether to order the defendant to serve his sentence without parole, as required by the three strikes regime. However, the court found that doing so would result in a disproportionately severe sentence, given the defendant's personal circumstances, the reasons for the proposed repeal of the three strikes regime, and the potential for arbitrariness in the sentencing date. The court ultimately decided not to make an order for the defendant to serve his sentence without parole, as it would contravene section 9 of the New Zealand Bill of Rights Act 1990.

Final orders: The defendant was sentenced to four years and six months' imprisonment for the manslaughter of Mr Wipatene Mason. The court declined to make an order requiring the defendant to serve his sentence without parole.