IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CRI-2021-488-58
[2022] NZHC 430
BETWEEN WIKITORIA MARIA WIKI
Appellant
AND
THE QUEEN
Respondent
Hearing: 2 February 2022 Counsel:
C G Farquhar for Appellant C S Taylor for Respondent
Judgment:
11 March 2022
JUDGMENT OF BREWER J
This judgment was delivered by me on 11 March 2022 at 11 am
Registrar/Deputy Registrar
Solicitors/Counsel:
Claire Farquhar (Auckland) for Appellant
Marsden Woods Inskip Smith (Whangārei) for Respondent
WIKI v R [2022] NZHC 430 [11 March 2022]
Introduction
[1] Ms Wiki and Mr Awarau attacked her ex-partner, Mr Matthews. The attack left Mr Matthews with an approximately 8 cm cut on his right arm (which went through to the bone), three fractured ribs, and contusions to his right hand and both legs.
[2] Ms Wiki and Mr Awarau were charged with intentionally causing Mr Matthews grievous bodily harm. This is an offence which has a maximum penalty of 14 years’ imprisonment.1 Ms Wiki was also charged with intentionally damaging Mr Matthews’s car, an offence with a maximum penalty of seven years’ imprisonment.2
[3] On the morning of trial, the charge of intentionally causing grievous bodily harm was reduced to a charge of wounding with intent to injure.3 The maximum penalty is seven years’ imprisonment.
[4] Ms Wiki then pleaded “guilty” to the reduced charge and to the charge of intentional damage. Mr Awarau also pleaded guilty to the reduced charge.
[5] On 12 November 2021, Judge DJ Orchard sentenced Ms Wiki to two years and three months’ imprisonment.4 Mr Awarau was sentenced to three years’ imprisonment.
[6] Ms Wiki now appeals her sentence. She contends her sentence is manifestly excessive because Judge Orchard did not properly take into account her mitigating personal circumstances. Ms Wiki’s submission is that her sentence should have been less than two years and that it should have been commuted to a sentence of home detention.
1 Crimes Act 1961, s 188(1).
2 Section 269(2)(a).
3 Section 188(2).
4 R v Awarau [2021] NZDC 22319.
[7] My task is to assess whether there has been an error in Ms Wiki’s sentencing such that a different sentence should be imposed. A manifestly excessive sentence would be such an error.
Disputed facts hearing
[8] There was a disputed facts hearing subsequent to Ms Wiki and Mr Awarau entering their pleas of guilty. That was because Mr Awarau denied the Crown’s assertion that he caused the wound to Mr Matthews’s arm by striking him with an axe. Judge Orchard concluded that the Crown had not proved that Mr Awarau caused the wound.5
[9] Ms Farquhar, for Ms Wiki, submits that I should apply to this appeal only the facts set out in the summary of facts operative when Ms Wiki pleaded guilty. I accept Ms Farquhar’s submission. The summary of facts said:
The defendant WIKI has approached and given the axe to the defendant AWARAU. The defendant AWARAU has struck the complainant on the right arm…
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