Tufui v R

This case involved the appeals of two men, Mr Tufui and Mr Tapaevalu, against their convictions and sentences for their involvement in the murder of Abraham Tu’uheava and the attempted murder of his wife, Yolanda Tu’uheava. The third defendant, Mr Taani, had pleaded guilty and had already been sentenced. The appeals were heard by the Court of Appeal of New Zealand. Mr Tufui appealed against his conviction, arguing that the trial judge had erred in refusing to allow his counsel to show the victim, Mrs Tu’uheava, two photographs of Mr Tapaevalu taken at the time of his arrest and to invite her to accept that Mr Tapaevalu was the younger guy. The Court found that the trial judge’s refusal to allow the photographs to be shown to Mrs Tu’uheava was an error of law. However, the Court concluded that the error did not lead to a miscarriage of justice because there was no reasonable possibility that a different verdict would have been delivered. Mr Tapaevalu appealed against his sentence, arguing that the minimum period of imprisonment of 17 years imposed was manifestly excessive and that the trial judge had failed to adequately take into account personal mitigating factors. The Court found that the trial judge’s assessment of Mr Tapaevalu’s culpability was correct and that the 17-year minimum term was not manifestly unjust, having regard to Mr Tapaevalu’s personal factors. The result of the appeals was that Mr Tufui’s appeal against conviction was dismissed, while Mr Tapaevalu’s application for an extension of time and to adduce fresh evidence on appeal were granted. Mr Tapaevalu’s appeal against sentence was dismissed.