IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2025-409-135
[2025] NZHC 2240
BETWEEN MENPHIS WAIRIKI DYNASTY RAMEKA
Appellant
AND
THE KING
Respondent
Hearing: 7 August 2025 Appearances:
P N Allan for Appellant
G L Collett for Respondent
Judgment:
8 August 2025
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 8 August 2025 at 2.15 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
RAMEKA v R [2025] NZHC 2240 [8 August 2025]
Introduction
[1] Menphis Rameka was sentenced to two years and three months’ imprisonment having pleaded guilty to one charge of wounding with intent to injure.1 He appeals that sentence on the basis that the starting point adopted by the Judge was too high, and insufficient reductions were applied for mitigating factors, resulting in a manifestly excessive sentence.
Facts
[2]Mr Rameka is in a relationship with the victim’s daughter. At approximately
4 am on 21 July 2024, Mr Rameka was sitting outside Timezone in central Christchurch in the company of two associates and the victim’s daughter. The victim arrived to pick up his daughter, stopping his vehicle on the street outside Timezone. His 16-year-old son and another person were also in the vehicle. The victim spoke with his daughter through the passenger window, asking her to get into the vehicle as she was intoxicated and had no other way to get home. This conversation continued for about five minutes before the victim’s son got out of the vehicle to speak with Mr Rameka.
[3] A confrontation occurred between Mr Rameka and the victim’s son, during which Mr Rameka challenged him to a fight. The victim’s son returned to the vehicle and told the victim what had happened. The victim walked around the vehicle to where his daughter was standing on the footpath and grabbed her arms. He tried to drag her towards the truck, but she pulled out of his grasp and fell onto the footpath.
[4] Mr Rameka reached into the pocket of his trousers and pulled out a pocketknife. He opened the knife and approached the victim. He assumed a position with crouched knees and the knife concealed in his right hand while the victim walked towards him.
[5] When the victim was within reach, Mr Rameka swung the knife towards his head, narrowly missing as the victim ducked. Mr Rameka backed away and swung
1 R v Rameka [2025] NZDC 11876.
the knife at the victim’s head a second time. The victim again ducked and grappled with Mr Rameka, grabbing onto his arms and pushing him backwards.
[6] Mr Rameka continued to swing the knife at the victim until they collided with a wall and both fell to the ground. The victim’s son attempted to intervene but was pushed away by one of Mr Rameka’s associates. Mr Rameka and the victim remained on the ground fighting for approximately 30 seconds, while the victim’s daughter tried to pull them apart.
[7]…
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- Rameka v The King [2025] NZHC 2240
- Case
- [2025] NZHC 2240
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the starting point for the sentence was too high and whether sufficient reductions were applied for mitigating factors such as self-defence, guilty plea, youth, and remorse. The court assessed the aggravating features, including the use of a weapon, attack to the head, and serious injury, which placed the offending in band three of Nuku v R, suggesting a starting point from two years up to the statutory maximum of seven years. The court found the starting point of three years and nine months was appropriate given the severity of the attack and the victim's vulnerability. The court also determined that the deductions for guilty plea, youth, and remorse were within the available range. The appeal was dismissed, and the original sentence was upheld.
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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