| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA535/2015 [2016] NZCA 97 |
| BETWEEN | MATTHEW ROSS RATU |
| AND | THE QUEEN |
| CA450/2015 | |
| BETWEEN | EDWARD ZBEDO THOMAS |
| AND | THE QUEEN |
| Hearing: | 11 February 2016 |
Court: | French, Simon France and Ellis JJ |
Counsel: | M J English for Appellant Ratu |
Judgment: | 7 April 2016 at 12.30pm |
JUDGMENT OF THE COURT
AThe appellant in CA535/2015 is granted an extension of time to appeal.
BThe appeal against sentence in CA450/2015 is dismissed.
CThe appeal against sentence in CA535/2015 is dismissed.
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REASONS OF THE COURT
(Given by French J)
Introduction
The appellants, Mr Thomas and Mr Ratu, pleaded guilty in the High Court to charges arising out of the 2013 riots at Spring Hill Corrections Facility.
Mr Thomas was sentenced by Faire J to a term of imprisonment of five years and two months’ imprisonment for arson and causing riotous damage.[1]
Mr Ratu was sentenced by Lang J to two years and five months’ imprisonment for causing riotous damage.[2]
Both now appeal their respective sentences. The Court directed the appeals be heard together.
Factual background
The riot began when prison officers were assaulted as they attempted to stop two fights that had broken out between prisoners in Unit 16B.
The assaults developed into a full-scale riot lasting over six hours. The rioters caused extensive damage to the prison. They fashioned weapons by breaking furniture and then used the weapons to smash the building and other property. The rioters also lit several fires. The fire spread, endangering the lives of staff and other prisoners still detained in their cells. Eventually the authorities were able to clear the unit so the Fire Service could prevent the fire from spreading any further.
The damage was so extensive the unit had to be demolished and 89 prisoners relocated to other facilities. The cost of repair was estimated at $5 million.
Neither Mr Ratu nor Mr Thomas was involved in the assaults on the prison officers.
However, they were involved in a number of events during the riot, both together and separately. These were usefully summarised in the Crown submissions. The accuracy of the summary was not disputed and is set out here accordingly.[3]
[3]Contrary to a submission by Mr Tennet at the hearing, the summary of facts states Mr Thomas did read the files he and others took from the staff base.
Combined participation
14.1Together with others, Mr Thomas and Mr Ratu walked around compound C randomly smashing the glass on the grills and doors to each cell.
14.2Together with others, they collected items from around the
compound and added these to the fire (although Mr Ratu is not
charged with arson).14.3Together with one other, they climbed out of the staff base window carrying TVs and keyboards and threw them out into the pod. They…
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- AGLC
- Ratu v The Queen [2016] NZCA 97
- Case
- [2016] NZCA 97
- Decision Date
CaseChat Overview and Summary
The court found that Mr Ratu's sentence was appropriate and did not require a discount for totality. The court noted that the Spring Hill prison riots were the worst in New Zealand's history, and Mr Ratu took a very active part in them. The court also considered the injuring with intent to injure offence, which was serious and involved a prolonged attack on a man with blows and kicks to the head and then stealing from him. The court found that Mr Ratu's extensive criminal history and the lack of remorse shown in relation to the 2014 incident were significant aggravating factors.
The court found that Mr Thomas' sentence was also appropriate. The court noted that the sentence imposed was cumulative on a sentence of five and a half years, which Mr Thomas was serving at the time of the riot. The court found that an adjustment for totality was not warranted, as to do so would undermine the principle that a stern response to offending in a prison environment is required. The court also found that the discounts given for the guilty pleas were appropriate, and that the uplift of 12 months for the riotous damage charge was amply justified.
The court dismissed both appeals against sentence and granted Mr Ratu an extension of time to appeal. The final orders of the court were that Mr Ratu's application for an extension of time to appeal was granted, and that both Mr Ratu's and Mr Thomas' appeals against sentence were dismissed.
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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