| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA489/2012 [2013] NZCA 201 |
| BETWEEN | LORI LEAH TE WINI |
| AND | THE QUEEN |
| Hearing: | 9 May 2013 |
Court: | Wild, Chisholm and Keane JJ |
Counsel: | C W Stevenson and E A Hall for Appellant |
Judgment: | 4 June 2013 at 11 am |
JUDGMENT OF THE COURT
The appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Wild J)
Introduction
Ms Te Wini appeals against a sentence of life imprisonment imposed on her for murder under s 168 of the Crimes Act 1961.[1] In imposing that sentence, Woolford J fixed the non-parole period at the statutory minimum of 10 years. Somewhat obviously, that aspect of the sentence is not directly challenged.
For reasons based firmly on the culpability of Ms Te Wini as the offender, and not at all on the murder she committed, Ms Te Wini’s counsel submit life imprisonment was a manifestly unjust sentence. They seek substitution of a finite sentence of eight to 10 years imprisonment.
Facts
On the night of 24–25 November 2008 Ms Te Wini and her 17-year-old cousin, Courtney Churchward, broke into the home of Mr John Rowe in Opotiki. Their intention was to rob him. Mr Rowe was an elderly retired school teacher who lived alone.
While searching through the house, it seems the two young women disturbed Mr Rowe, who was in bed. The sentencing remarks of Woolford J describe what then happened:
[6] … Fearing the consequences of discovery the two offenders armed themselves with items they found in the sitting room. Ms Churchward handed a long, solid piece of wood, which the victim apparently used as a walking stick, to Ms Te Wini but Ms Te Wini handed this back and instead picked up a thinner piece of wood, more akin to a broom handle. The plan seems to have been to knock the victim out.
[7] The offenders went into the victim’s bedroom with their weapons but hesitated. They returned to the sitting room where they encouraged themselves to proceed with their plan. They then re-entered the victim’s darkened bedroom.
[8] Ms Churchward struck a number of blows to the victim’s head, chest and arms. After that Ms Te Wini joined in and struck the victim several times. Ms Te Wini’s weapon was broken during the assault, although it is unclear whether it was due to the force employed or through contact with the weapon wielded by Ms Churchward.
[9] Exactly how long the attack took or how many blows were struck is not clear but after a short time it seems that the victim, who had tried at one point to raise himself up, fell back onto the pillows and became still. The offenders then dropped their weapons and left the victim in his bed.
[10] They then searched the house and found the victim’s wallet and his car keys. They also ransacked the house…
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- Te Wini v R [2013] NZCA 201
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- [2013] NZCA 201
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