| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA85/2014 [2014] NZCA 615 |
| BETWEEN | PARAIRE HORI TE AWA |
| AND | THE QUEEN |
| CA101/2014 | |
| BETWEEN | DEAN MICHAEL ADDISON |
| AND | THE QUEEN |
| Hearing: | 11 November 2014 |
Court: | Harrison, French and Dobson JJ |
Counsel: | P J Kaye for Appellant Te Awa |
Judgment: | 15 December 2014 at 3.00 pm |
JUDGMENT OF THE COURT
AThe applications for leave to adduce fresh evidence are dismissed.
B Mr Te Awa’s appeal against conviction is dismissed.
CMr Te Awa’s appeal against sentence is allowed. The minimum period of imprisonment of 21 years is quashed and replaced with a minimum period of imprisonment of 20 years.
DMr Addison’s appeal against conviction and sentence is dismissed.
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REASONS OF THE COURT
(Given by French J)
Introduction
Mr Te Awa and Mr Addison were tried together in the High Court at Auckland on charges arising out of the disappearance of Ms Rae Portman.
The jury found Mr Te Awa guilty of murder and kidnapping. He was convicted and sentenced by Toogood J to life imprisonment with a minimum period of 21 years on the murder charge, and nine years’ imprisonment on the kidnapping charge.[1] He now appeals both convictions and his sentence.
Mr Addison was found guilty of kidnapping and two drug dealing offences. Justice Toogood sentenced him to 12 years’ imprisonment with a minimum period of six years.[2] Mr Addison now appeals his conviction for kidnapping and his sentence.
Factual background
[2]R v Te Awa, above n 1.
Ms Portman and Mr Addison were both involved in dealing methamphetamine.
The Crown case was that in June 2012 Ms Portman was pressuring Mr Addison to repay a drug debt he owed her. In order to give her a fright and get her to leave him alone, Mr Addison engaged his “muscle man” Mr Te Awa to kidnap her. The plan was for Ms Portman to be abducted and taken to a remote area where she would be released to find her way home.
According to the Crown, Mr Te Awa kidnapped Ms Portman in Auckland on 20 June 2012. He bound and gagged her and then, with the assistance of another man, Mr Lee Rigby, he put her in a small space between the upright back seat and the rear hatch of her car. Mr Rigby was a drug runner for Mr Addison.
Mr Rigby then drove Ms Portman, bound and gagged in her car, to the Waikato. They followed behind Mr Te Awa, who was driving another vehicle. After a five hour journey involving three stops, they drove to a remote industrial site in Hamilton. Once there, Mr Te Awa pulled Ms Portman into a sitting position in the back of her car, placed a motorcycle strop around her neck and garrotted her.
After the murder Mr Rigby drove the body to a…
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- AGLC
- Te Awa v The Queen [2014] NZCA 615
- Case
- [2014] NZCA 615
- Decision Date
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Orders
Orders of the court
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Background
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Evidence
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Decision
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