IN THE COURT OF APPEAL OF NEW ZEALAND
CA96/2009
[2009] NZCA 521THE QUEEN
v
WIREMU CURTIS
Hearing:27 October 2009
Court:Hammond, Robertson and Ellen France JJ
Counsel:C R Horsley and F C Fenton for Appellant
C L Mander for Crown
Judgment:5 November 2009 at 10 am
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Robertson J)
Introduction
[1] Wiremu Curtis and four others were convicted of various offences following the death of a Rotorua toddler, Nia Glassie, at a trial before Potter J and a jury. All were sentenced by Potter J early this year: HC ROT CRI 2007-063-4149 4 February 2009.
[2] This appellant was found guilty of Nia’s murder, of three counts of wilful ill-treatment of a child under sixteen years, and two counts of assault. He had also pleaded guilty to two other charges of assault. He was sentenced to life imprisonment with a minimum period of imprisonment of seventeen and a half years.
[3] Mr Curtis appeals against his murder conviction only.
[4] At the same time, we heard an appeal from Nia’s mother, Lisa Kuka, against her conviction on two counts of manslaughter, and against her sentence. We will deliver judgment on that appeal separately in due course.
Background
[5] Nia Glassie died on 3 August 2007 as a result of severe brain damage caused by swelling of the brain in response to a subdural haematoma or blood clot. Medical evidence was that the trauma was likely to have been caused by a blow or blows to Nia’s head.
[6] The five accused were jointly tried on a variety of charges relating to acts and omissions over a period of two months between 21 May 2007 and 22 July 2007. Nia and her two older sisters were living with their mother (Lisa Kuka) at an address in Rotorua. Also living there were Ms Kuka’s partner (the present appellant), his elder brother (Michael Curtis), his partner (Oriwa Kemp), and their daughter (Tahlia Curtis). Michael Pearson, who was involved in the alleged offending, did not live at the address but spent a lot of time there.
[7] Ms Kuka was the only one of the adults working, usually six days per week. She would leave the house early each morning and return late at night, travelling to Te Puke where she worked.
[8] During the two months prior to her death, Nia was subjected to persistent and violent abuse by various people in the house. There was no evidence of any actual violence on the part of Ms Kuka.
[9] In sentencing, Potter J listed several incidents of violence against Nia:
(a)Wiremu Curtis, his brother Michael, and Mr Pearson performed “wrestling moves” on her;
(b)she was shoved, naked, into a sandpit and into a broken couch;
(c)she had balls and other objects thrown at her;
(d)she was punched and kicked;
(e)she was given (a) cold bath/s;
(f)she was hit by Tahlia Curtis at the direction of Oriwa Kemp;
(g)she was…
Continue reading The Queen v Curtis
Sign in free to access the full text
- AGLC
- The Queen v Curtis [2009] NZCA 521
- Case
- [2009] NZCA 521
- Decision Date
CaseChat Overview and Summary
Final orders: The appeal is dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.