| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA455/2016 |
| BETWEEN | TYSON‑TAINUI RUKUWAI TE TOMO |
| AND | THE KING |
| Hearing: | 13 May 2025 |
Court: | Woolford, Jagose and Powell JJ |
Counsel: | S K Green for Appellant |
Judgment: | 3 July 2025 at 11 am |
JUDGMENT OF THE COURT
A The application to admit further evidence on appeal is declined.
B The appeal against sentence is dismissed.
REASONS OF THE COURT
(Given by Powell J)
Introduction
Following a jury trial in 2015 before Hinton J, Tyson‑Tainui Rukuwai Te Tomo was convicted of murder. He was subsequently sentenced to life imprisonment with a minimum period of imprisonment (MPI) of 10 years and six months.[1]
[1]R v Te Tomo [2015] NZHC 2671 [sentencing notes].
Mr Te Tomo filed a notice of appeal against conviction and sentence on 30 July 2016, some nine months out of time. The Court accepted Mr Te Tomo’s explanation for the delay in filing the appeal, but in 2017 dismissed his appeal against conviction (the conviction appeal judgment).[2] For reasons that are not clear, the sentence appeal was not dealt with at that time. Instead, no steps appear to have been taken to advance the appeal against sentence until March 2024 and no explanation has been given for that delay.
[2]Te Tomo v R [2017] NZCA 338 [conviction appeal judgment].
Mr Te Tomo has now brought the sentence appeal on for hearing. No issue arises with regard to the late filing of the appeal,[3] although Mr Te Tomo seeks leave to adduce fresh evidence by way of affidavits from both himself and Dr Erin Eggleston, a neuropsychologist. This application is opposed by the Crown on the basis the evidence sought to be adduced is neither fresh nor cogent.
[3]Consistent with the conviction appeal judgment, in a minute dated 19 February 2025 Thomas J determined an application for leave to appeal out of time did not need to be dealt with.
With regard to the substance of the appeal, Mr Te Tomo contends his sentence of life imprisonment and MPI was, and remains, manifestly excessive. He submits, with reference to authority decided subsequent to his sentencing,[4] that having regard to the circumstances of the offending (in particular a lack of culpability on his part), and his personal circumstances (his youth, background and cognitive issues), a sentence of life imprisonment was manifestly unjust in terms of s 102(1) of the Sentencing Act 2002.
Opposing the appeal, the Crown position is that although it was not brought late, the delay in bringing the appeal against sentence to hearing raises issues of finality and in particular “the interests of victims … witnesses, and the integrity of the court’s processes which are put at risk if appeals are allowed to be reactivated…
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- AGLC
- Te Tomo v The King [2025] NZCA 295
- Case
- [2025] NZCA 295
- Decision Date
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