Contents

Appendix B
Summary of New Zealand cases since 2001

CASES INVOLVING VICTIMS OF FAMILY VIOLENCE WHO COMMIT HOMICIDE BEFORE THE COURTS BETWEEN 2001–2015
Case Year of trial/plea Year of homicide Original charge Guilty plea? Outcome Act that led to death Self-defence claimed? Provocation claimed? Sentence
R v Suluape493   2001 1999 Murder No Manslaughter Defendant struck the deceased several times on the head with the blunt end of an axe after deceased told the defendant he was leaving her for another woman. No Yes Seven and a half years’ imprisonment, reduced on appeal to five years’ imprisonment
R v Erstich494 2002 2001 Murder No Manslaughter Visit from deceased (father) the day prior caused defendant (son) to expect violence. Defendant walked into house of deceased and shot him in chest with shotgun. No Yes Two years’ supervision, uplifted on appeal to two years’ imprisonment, suspended for two years and to two years’ supervision with special conditions
R v Stephens495 2002 2001 Murder No Acquittal Defendant stabbed deceased in the chest in response to a physical assault that was witnessed by others (during which deceased strangled and punched the defendant). Yes No N/A
R v Raivaru496 2005 2004 Manslaughter Yes Manslaughter Killed step-father with single stab with knife after intervening in physical assault between mother and defendant. Both defendant and deceased had consumed alcohol. N/A N/A Four years’ imprisonment
R v Stone497 2005 2005 Manslaughter Yes Manslaughter Single stab wound to the leg following physical assault. Both had consumed alcohol and drugs. N/A N/A Three years’ imprisonment
R v King498 2005 1988 Murder No Manslaughter Defendant put 30+ sleeping pills in deceased’s food following verbal confrontation in which the deceased threatened the defendant and caused her to expect violence. No Yes Four years, three months’ imprisonment
R v Mahari499 2007 2006 Murder No Manslaughter Defendant stabbed deceased once, to shoulder area behind neck in response to multiple physical assaults and the deceased then forcing his way into the cabin. Both had consumed alcohol. Yes No Three years, six months’ imprisonment
R v Reti500 2008 2007 Murder No Murder Defendant stabbed deceased twice, several hours apart. Defendant claimed she grabbed the knife, the deceased kicked her in the stomach and she retaliated by attacking him with the knife. Both had consumed alcohol. No Yes Life imprisonment with minimum non-parole period of 10 years (murder); five years’ imprisonment (wounding with intent)
R v Brown501 2009 2008 Murder Yes Manslaughter Defendant stabbed deceased once in the chest following argument. Both had consumed alcohol. N/A N/A Five years, six months’ imprisonment
R v Neale502 2009 2007 Murder No Murder Defendant stabbed the deceased nine times as deceased got out of shower following argument. Unknown if confrontation was violent. Defence argued deceased’s emotional and physical abuse drove her to stab him. Yes Yes Life imprisonment with minimum-non parole period of10 years
R v Tamati503 2009 2009 Manslaughter Yes Manslaughter Defendant stabbed deceased once behind left knee in response to physical assault. N/A N/A Two years’ imprisonment
R v Fairburn504 2009 2007 Murder No Manslaughter Defendant suspected deceased of sexually abusing daughter. Following argument the defendant got in her car, the deceased jumped on bonnet. Defendant drove 13km before crashing car, killing deceased. Deceased had consumed alcohol. Yes No Life imprisonment with minimum non-parole period of 10 years (first trial); four years’ imprisonment (second trial)
R v Wickham505 2010 2009 Murder No Manslaughter Defendant shot victim in chest with shotgun in response to physical assault. Yes No 12 months’ home detention (W had multiple sclerosis)
R v Wihongi506 2010 2009 Murder No Murder Defendant stabbed deceased twice following argument in which deceased demanded sex. Both had consumed alcohol. No No Eight years’ imprisonment, uplifted on appeal to 12 years’ imprisonment
R v Ford507 2011 2010 Murder No Acquittal Single stab wound in response to physical assault that was witnessed by others. Deceased had consumed alcohol. Yes No N/A
R v Woods508 2011 2010 Murder Yes Manslaughter Defendant stabbed deceased twice following a physical assault. Both had consumed alcohol. N/A N/A Four years’ imprisonment
R v Hu509 2011 2010 Manslaughter Yes Manslaughter Defendant stabbed deceased once following argument. N/A N/A Two years, seven months’ imprisonment
R v Rihia510 2012 2010 Murder Yes Murder Defendant stabbed deceased once following argument. Both had consumed alcohol. N/A N/A 10 years’ imprisonment, no MPI
R v Rakete511 2013 2011 Manslaughter No Manslaughter Defendant hit deceased over head with pepper grinder, causing him to hit his head on the kitchen bench, following argument during which deceased was acting threatening. Both had consumed alcohol. Yes No Two years’ imprisonment
R v Paton512 2013 2012 Murder No Manslaughter Defendant stabbed deceased once in the neck in response to physical assault. Both had consumed alcohol. Yes No Five years, three months’ imprisonment
R v Gerbes513 2014 2012 Manslaughter No Acquittal Defendant stabbed deceased multiple times in response to physical assault. No No N/A  
R v Keefe514 2014 2013 Murder No Acquittal Defendant stabbed deceased once in response to physical assault that was witnessed by others. Both had consumed alcohol. Yes No N/A
R v Wharerau515 2014 2012 Murder No Manslaughter Defendant stabbed deceased once in the chest in response to physical assault. Yes No Three years, two months’ imprisonment, upheld on appeal
493R v S HC Auckland T.001252, 12 September 2000 (evidence application); R v Suluape (2002) 19 CRNZ 492 (CA) (appeal of sentence).
494R v Erstich (2002) 19 CRNZ 419 (CA) (appeal of sentence).
495No reported judgment. See: Bridget Carter “Jury accepts battered-wife defence in murder trial” The New Zealand Herald (online ed, Auckland, 24 April 2002); and Bridget Carter “He didn’t deserve to die insists abuser’s mother” The New Zealand Herald (online ed, Auckland, 25 April 2002).
496R v Raivaru HC Rotorua CRI-2004-077-1667, 5 August 2005 (sentencing notes).
497R v Stone HC Wellington CRI-2005-078-1802, 9 December 2005 (sentencing notes).
498R v King CA71/06, 11 August 2006 (appeal of sentence).
499R v Mahari HC Rotorua CRI-2006-070-8179, 14 November 2007 (sentencing notes).
500R v Reti HC Whangarei CRI-2007-027-002103, 9 December 2008 (sentencing notes); R v Reti [2009] NZCA 271 (appeal of verdict).
501R v Brown HC Napier CRI-2008-020-003130, 24 November 2009 (sentencing notes).
502R v Neale [2008] BCL 939 (evidence application); R v Neale HC Auckland CRI-2007-004-3059, 12 June 2009 (sentencing notes); Neale v R [2013] NZCA 167 (application for directions on appeal).
503R v Tamati HC Tauranga CRI-2009-087-1868, 27 October 2009 (sentencing notes).
504R v Fairburn [2010] NZCA 44 (appeal of verdict and admission of further evidence); Fairburn v R [2010] NZSC 159 (admission of further evidence); R v Fairburn [2012] NZHC 28 (sentencing notes).
505No reported judgment. Discussed in Midson, above n 172, at 231; See also: Victoria Robinson “Home detention for killing husband” (20 December 2010) Stuff < www.stuff.co.nz >; and “Murder-accused lived in fear”, above n 171.
506R v Wihongi HC Napier CRI 2009-041-002096, 30 August 2010 (sentencing notes); R v Wihongi [2012] NZCA 592, [2012] 1 NZLR 775 (appeal of sentence); R v Wihongi [2012] NZSC 12 (appeal of sentence).
507R v Ford HC Auckland CRI-2010-044-000132, 22 July 2011 (evidence application).
508R v Woods HC Gisborne CRI-2011-016-000048, 10 June 2011(sentencing notes).
509R v Hu [2012] NZHC 54 (sentencing notes).
510R v Rihia [2012] NZHC 2720 (sentencing notes).
511R v Rakete [2013] NZHC 1230 (sentencing notes).
512R v Paton [2013] NZHC 21 (sentencing notes).
513No reported judgment. See: “Hung jury in manslaughter trial” (13 February 2014) Stuff <www.stuff.co.nz>; Tracey Chatterton “Accused ‘just needed to call out’” (12 February 2014) Stuff <www.stuff.co.nz>.
514No reported judgment. See: “Jessica Keefe not guilty of murder”, above n 64; “Murder charge unwarranted - lawyer”, above n 64.
515R v Wharerau [2014] NZHC 1857 (interlocutory decision); R v Wharerau [2014] NZHC 2535 (sentencing notes); R v Wharerau [2015] NZCA 299 (appeal of sentence).