| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA11/2019 [2020] NZCA 69 |
| BETWEEN | RICHARD TUWHAKAKORONGO TE ROROA TE KANI |
| AND | THE QUEEN |
| Hearing: | 13 June 2019 |
Court: | Brown, Wylie and Moore JJ |
Counsel: | A M M Schulze for Appellant |
Judgment: | 19 March 2020 at 11.00 am |
JUDGMENT OF THE COURT
AAn extension of time to file the appeal is granted.
BThe appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Moore J)
Introduction
Before trial Mr Te Kani pleaded guilty to:
(a)two charges of manslaughter;[1]
(b)one charge of manufacturing methamphetamine;[2]
(c)two charges of being an accessory after the fact of murder;[3] and
(d)four charges of neglect of a child.[4]
[1]Crimes Act 1961, ss 160, 171 and 177; the maximum sentence is life imprisonment.
[2]Misuse of Drugs Act 1975, s 6(1)(b) and (2)(a); the maximum penalty is life imprisonment.
[3]Crimes Act 1961, s 176; the maximum penalty is seven years’ imprisonment.
[4]Section 195; the maximum penalty is 10 years’ imprisonment.
On 29 November 2018 Davison J in the High Court at Rotorua sentenced him to 15 years’ imprisonment.[5]
Mr Te Kani appeals his sentence. He says:
(a)the starting point for the two charges of manslaughter was too high; and
(b)the discount for totality was insufficient.
Procedural background
In addition to Mr Te Kani, three other men faced charges arising out of the deaths of Raymond and James Fleet on 7 August 2017. The principal was Martin Hone. He beat the Fleets to death with a spade. Before trial Mr Hone pleaded guilty to two charges of murder as well as a related charge of manufacturing methamphetamine and two charges of threatening to kill.[6] On each murder charge he was sentenced to life imprisonment with a minimum period of imprisonment of 20 years.
The two other men were Zen Pulemoana and Mikaere Hura. Each faced two charges of murder. Both went to trial. Mr Hura faced an additional charge of possessing equipment capable of being used in the manufacture of methamphetamine and one charge of possessing materials capable of being used in such manufacture. The jury found Mr Pulemoana guilty of James Fleet’s murder and guilty of manslaughter in respect of Raymond Fleet. Mr Hura was found guilty of the manslaughter of both Fleets and guilty on both methamphetamine charges.
Mr Pulemoana appealed his murder conviction. That appeal was dismissed by this Court.[7]
Application to extend the time allowed for filing
[7]Pulemoana v R [2019] NZCA 293; leave to appeal refused in Pulemoana v R [2019] NZSC 131.
Mr Te Kani filed an application to extend the time allowed for filing. This was because the appeal was filed two days late. He has filed an affidavit in support. By way of explanation he said the delay was caused by a combination of factors, including changes to his custodial…
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- AGLC
- Te Kani v R [2020] NZCA 69
- Case
- [2020] NZCA 69
- Decision Date
CaseChat Overview and Summary
The Court of Appeal grants the appellant leave to file his appeal two days late. The appeal is dismissed. The starting point for the manslaughter charges was not too high as Te Kani was an active participant in the events leading up to the deaths of Raymond and James Fleet. The totality adjustment was adequate and the final sentence of 15 years' imprisonment was within range. The Court of Appeal finds that the Judge was entitled to take into account Te Kani's role in the methamphetamine manufacturing operation in setting the starting point for both the manslaughter and methamphetamine charges. The Court of Appeal also finds that the totality adjustment was adequate and that the final sentence of 15 years' imprisonment was within range.
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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