Teen's killer jailed for 14 years

Nathan Tuiti Reo Mutunga Williams, 25, was today sentenced to life imprisonment with a minimum non-parole period of 14 years. Photo / NZ Herald

A judge has ruled it would be manifestly unjust to sentence a man found guilty of murdering a 14-year-old boy during a 2009 robbery to the usual statutory minimum jail term of 17 years.

Nathan Tuiti Reo Mutunga Williams, 25, was today sentenced to life imprisonment with a minimum non-parole period of 14 years after being found guilty by a jury for the murder of John Hapeta.

Daniel Bobby Tumata, 25, was sentenced to nine years nine months imprisonment for Mr Hapeta's manslaughter, with a minimum non-parole period of five years.

Mr Hapeta was killed by Williams and Tumata during a birthday party at his family home in Weymouth, south Auckland, last year in the course of a robbery in which they were seeking cannabis.

The main debating point at today's sentencing was whether the minimum non-parole period of 17 years for a murder carried out in the commission of another serious crime would be manifestly unjust.

Crown prosecutor Ross Burns said the facts of the case clearly fell within the legal requirement.

"It was premeditated, weapons were taken, including a firearm which Mr Tumata had, there was clearly a contemplation the weapons would be used, they were used, it was an intrusion into the precincts of somebody's home, there was a degree of deliberation as there were two blows struck, and the victim was a 14-year-old boy.

"Perhaps his age isn't such that he falls into category of being particularly vulnerable but it's an important aggravating factor."

But Justice John Priestley said that the court had to look at overall culpability of the offender and he had huge uneasiness of the justice in Williams' case of imposing a 17 year minimum imprisonment.

"The easiest course for me would be to impose 17 years but to do so would be to repress my uneasiness and would not be true to my constitutional function."

Justice Priestley said Williams had no relevant convictions and there was not a high degree of callousness in the offending.

He said he must factor in assisting Williams' rehabilitation and he felt that it would be manifestly unjust to sentence him to at least 17 years behind bars.

Williams maintained the position he took during his trial that he was not present during the incident and thus did not strike the hammer blows which killed Mr Hapeta.

Justice Priestley said the best way for him to convince the jury of this would have been to given evidence at the trial, which he did not do, possibly on advice of his lawyer.

"In normal circumstances people who had nothing to hide will usually get into a witness box and say just that and be prepared to take their chance with cross-examination."

Earlier, Mr Hapeta's mother Patricia Pokaihau-Rogers gave an emotional address to the court saying her son's murder had caused her great heartbreak.

"If your sentence is anything like the life sentence you have handed our family then I will feel some justice will have been done," she said.

Mr Burns said after the sentencing the matter would be referred to Crown Law to consider, since the 17 year minimum was not imposed.

- NZPA