Tasi v The King - [2023] NZHC 2121

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2023-404-000277

[2023] NZHC 2121

BETWEEN
CHRISTOPHER TASI

Appellant

AND

THE KING

Respondent

Hearing: 8 August 2023

Appearances:

P I Pati for Appellant

R J McDonald for Respondent

Judgment:

9 August 2023

REASONS JUDGMENT OF VAN BOHEMEN J

[appeal against sentence]

This judgment was delivered by me on 9 August 2023 at 3:30 pm Registrar/Deputy Registrar
……………………………..

Counsel/Solicitors: P I Pati, Auckland
Crown Solicitor, Manukau

TASI v R [2023] NZHC 2121 [9 August 2023]

[1] On 10 May 2023, Christopher Tasi was convicted and sentenced to two years and ten months’ imprisonment by Judge J C Moses in the District Court at Manukau after pleading guilty to one charge for sexual violation by unlawful sexual connection.1 On 7 June 2023, Mr Tasi appealed his sentence on the grounds that the Judge erred by setting an excessive starting point and by giving insufficient discounts for his personal circumstances. The Crown opposed the appeal.

[2] At the conclusion of the hearing on 8 August 2023, I dismissed Mr Tasi’s appeal. This judgment sets out the reasons for my decision.

The offending

[3] In the early hours of 10 January 2021, Mr Tasi went to a house on the same street where he had been living with his wife, children and mother-in-law, following an argument with his wife. He had been drinking at a neighbour’s house since the early evening.

[4] Mr Tasi took a wallet from the victim’s unlocked car, knocked on the victim’s front lounge window, then walked around the back to the laundry door where he forced open a louvre window. The victim went downstairs and saw Mr Tasi, who identified himself. The victim recognised him as a local although she did not know his name. Mr Tasi told her a friend of his had broken into the victim’s vehicle and stolen her wallet. He said he wanted to return it. He dropped the victim’s licence through the window and said he had left her wallet on the front lawn.

[5] Mr Tasi gave the victim her wallet after she came outside and locked her car. As they conversed, Mr Tasi grabbed the victim by her crotch. The victim jumped back and asked Mr Tasi what he was doing. He replied “I think you’re pretty hot.” The victim told him not to do that and said nothing like that was going to happen. Mr Tasi became upset and told the victim that his wife had left him three years ago, that his children were with his parents and that he did not have a place to stay. Following a discussion about Mr Tasi’s children, Mr Tasi asked if he could stay the night. After being assured by Mr Tasi that she and her house were going to be safe, the victim

1 R v Tasi [2023] NZDC 9227.

allowed him to stay. The victim made up an airbed for Mr Tasi in her…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Tasi v The King

Details

AGLC: Tasi v The King [2023] NZHC 2121
Case: [2023] NZHC 2121
Decision Date: 9 August 2023

CaseChat Overview and Summary

The appeal was against the sentence of two years and ten months' imprisonment imposed on Christopher Tasi by the Manukau District Court following his guilty plea to sexual violation by unlawful sexual connection. The appellant argued that the Judge had erred in setting an excessive starting point and by giving insufficient discounts for his personal circumstances. The Crown opposed the appeal. The Court dismissed the appeal, finding that the Judge had set an appropriate starting point and had made sufficient discounts for the appellant's personal circumstances. The Court found that the Judge had appropriately considered the aggravating features of the offending, including the unlawful presence on the victim's property, the way the appellant lured the victim outside through lies about returning her wallet and his exploitation of her generosity of spirit in allowing him to stay that night. The Court found that the Judge had given appropriate discounts for the appellant's guilty plea, efforts at rehabilitation and time spent on electronically monitored bail. The Court did not accept that there should be any discount for remorse, as there was no tangible evidence of remorse between the appellant's guilty plea and sentence. The Court found that the appellant had failed to engage meaningfully in rehabilitation and counselling and his comments to the pre-sentence report writer suggested a concern with his own predicament rather than the impact on the victim.

Orders