| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA515/2022 [2023] NZCA 637 |
| BETWEEN | ARMANI WILLIAMS |
| AND | THE KING |
| Hearing: | 2 November 2023 |
Court: | French, Thomas and Fitzgerald JJ |
Counsel: | E Huda and S C Kim for Appellant |
Judgment: | 11 December 2023 at 3 pm |
JUDGMENT OF THE COURT
The appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by French J)
Introduction
In December 2021, Mr Williams caused the death of a young man by punching him so that he fell to the ground and hit his head. Mr Williams pleaded guilty to manslaughter and was sentenced by Nation J to three years’ imprisonment.[1]
[1]R v Williams [2022] NZHC 2206 [Sentencing judgment] at [56].
Mr Williams now appeals his sentence on the grounds it was manifestly excessive. His counsel, Mr Huda, says the Judge’s starting point was too high and insufficient credit was given for mitigating personal factors.
Background
The Crown summary of facts reads as follows:
At about 2.00am on Saturday 4 December 2021, the victim was in the carpark at Countdown on Moorhouse Ave, Christchurch along with a group of friends. There were in the vicinity of 30–50 cars gathered in the carpark.
The victim had travelled to that location in a vehicle with four associates.
The victim exited the vehicle to go to the toilet. He walked to some clothing bins near the corner of Madras Street and Moorhouse Ave to urinate.
At that time a vehicle has been passing east on Moorhouse Ave. The defendant was sitting on the windowsill of the right rear passenger seat, his torso out of the window and legs inside the car, so that he was able to look across the roof of the car towards where the victim was, and the victim was able to see the defendant.
The victim remarked to the defendant words to the effect “why are you looking at my dick?”
The vehicle did a U-turn, travelling a short distance west along Moorhouse Ave, before entering the Countdown car park. At this stage the victim had walked back to the vehicle he had travelled in.
The defendant got out of his vehicle, visibly agitated, and immediately approached the victim. The defendant said words to the victim, variously described by witnesses as:
-“what did you say cunt?”
-“stop talking shit”
-“I don’t know who this motherfucker is”
-“I don’t know who this cunt is”
The defendant forcefully punched the victim to the side of the mouth, causing the victim to fall backwards, the back of his head striking the ground.
The defendant kicked the victim in the leg and yelled angrily at him before returning to his vehicle and driving out of the carpark. Some witnesses refer to the kick occurring before the punch and others refer to it occurring after the punch, when the victim was on the ground.
The defendant returned, approximately ten minutes later, again sitting up out…
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- AGLC
- Williams v The King [2023] NZCA 637
- Case
- [2023] NZCA 637
- Decision Date
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Solicitors: Crown Solicitor, Christchurch for Respondent.
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