IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2019-092-9267
[2021] NZHC 678
THE QUEEN v
FREDA ELLEN WITEHIRA
Hearing: 30 March 2021 Appearances:
A R Burns for Crown Q Duff for Defendant
Sentence:
30 March 2021
SENTENCING REMARKS OF PETERS J
Solicitors: Kayes Fletcher Walker Ltd, Crown Solicitor, Manukau Counsel: Q Duff, Auckland
I M Stewart, Auckland
R v WITEHIRA [2021] NZHC 678 [30 March 2021]
[1]Tēnā koutou, tēnā koutou, tēnā koutou katoa.
[2] Ms Witehira, you are for sentence for the manslaughter of Colin Anderson on 24 August 2019.1 The maximum sentence for manslaughter is life imprisonment.2
[3] A jury found you guilty of manslaughter following a trial in November 2020 at which I presided. When the jury found you guilty, I entered a conviction for manslaughter and gave you what we refer to as the “first strike” warning.
[4] Before I go any further, I wish to acknowledge the devastating effect these events have had on Mr Anderson’s whānau. No one in the courtroom will be in any doubt about what Mr Anderson’s death has meant for those close to him. This morning I have heard the statements from Mr Anderson’s father, Fred, his brother also named Fred, and his cousins, Kate and Tania. I have also had the benefit, before this morning, of reading the statement provided by Anna Anderson, Mr Anderson’s sister. From the information that I have read and heard, it is also apparent that Mr Anderson was a loving father, and soon to be a grandfather.
[5] All in all, Mr Anderson was a dearly loved son, brother, father, and cousin, and of course, Ms Witehira, he was also your sister’s, Kuini’s, longstanding partner.
[6] As I said when I summed up to the jury, this case is a tragedy. Mr Anderson has lost his life. Your sister has lost her partner. Mr Anderson’s whānau have lost someone very dear to them. You have been in custody since shortly after Mr Anderson’s death and your three youngest children, who were living with you at the time, are now in someone else’s care. And now you have a conviction for manslaughter.
Process
[7] In so far as concerns the process this morning, it is necessary for me first to summarise the facts of the offending. Then I can turn to the sentencing process itself, which comprises two stages. Please everyone bear with me. The process does take
1 Crimes Act 1961, s 171.
2 Section 177.
some time but I need to explain the reasons for what I have decided to the Crown, to Mr Anderson’s family, and to you. So, it does take me some time and you will not know the sentence until I get to the very end, so just bear with me until then.
Facts
[8] Turning to the facts. On the afternoon of 24 August 2019, Mr Anderson and Kuini were at a local bar. At the same time, you…
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- AGLC
- R v Witehira [2021] NZHC 678
- Case
- [2021] NZHC 678
- Decision Date
CaseChat Overview and Summary
The final orders of the court were that Freda Ellen Witehira be sentenced to three years, six months’ imprisonment for the manslaughter of Colin Anderson.
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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