By Newstalk ZB
A man who killed his partner with a single blow to her head at a party in Manurewa has been sentenced to five months home detention.
Penitiketo Uhatafe, 47, pleaded guilty last year to the manslaughter of his partner Umukisia Fiva, also known as Umukisia Tuiono, while they were on an extended holiday to New Zealand from Tonga.
She was 34 and the mother of a teenage daughter.
He appeared for sentence on Tuesday morning represented by Lorraine Smith in the Auckland High Court, before Justice Anne Hinton. The Judge said the short home detention sentence acknowledged the seven months he had already spent in prison plus the almost two years on electronically monitored bail.
Crown prosecutor Christopher Howard sought a starting point of four to four-and-a-half years while Smith submitted three-and-a-half years was appropriate.
Howard acknowledged it was a singular assault and that its lethal outcome was not intended.
But he said there were a number of aggravating features to the offending.
Uhatafe fled the scene rather than administer aid to his partner.
The assault was “completely unprovoked” and involved a degree of forethought because it was preceded by a threat, Howard said.
“It is a relationship in which Ms Fiva should have been entitled to feel safe.”
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The Crown supported a discount of 15 percent for his previous good character, his remorse and his efforts at rehabilitation.
The Judge resisted a good character discount.
“I probably can’t allow a discount of good character for someone who’s killed his partner,” Justice Hinton said.
“But it could be characterised as rehabilitation and remorse.”
The Crown also suggested a further eight month discount to take into account the seven months he had spent in prison, plus the 22 months on electronically monitored bail.
Howard said the most that should be applied for his guilty plea was 15 per cent, given it came two years after he was charged.
Smith said the Crown relied on the case of Tyrone Palmer, a young man in Invercargill jailed for 22 months in 2016 for manslaughter following a one-punch assault described as a “king hit”. However, Palmer’s lethal assault was different from Uhatafe’s, Smith said.
“There is no suggestion in the summary of facts that Mr Uhatafe delivered a king hit,” she said.
Smith sought a 20 per cent discount for his guilty plea plus discounts for a number courses he has completed and community work he has voluntarily undertaken.
“It certainly shows real effort on his part,” Smith said.
Smith sought a discount of 15 per cent for a cultural report suggesting Uhatafe’s kava habit instilled by his father had developed into a drinking issue, a report the Crown said should be given no weight at sentencing.
Justice Hinton said there were a number of aggravating factors, including the breach of trust, the previous threat of violence and the fact he had targeted his partner’s head.
“You must now live with the reality that you were responsible for taking her life and depriving her daughter of a mother.”
However, Justice Hinton said she needed to take into account the case law of similar manslaughter decisions – what are referred to as the “one-punch” cases.
Justice Hinton applied the same starting point as in the Palmer case, four years imprisonment.
The Judge applied 10 per cent for the factors outlined in his cultural report, including his socio-economic deprivation growing up and the daily kava drinking sessions instilled by his father.
A 15 per cent discount was given for the guilty plea plus a further discount for a letter of remorse and the 60 hours community work already undertaken voluntarily out of a promised 200.
“I see you have taken very seriously working on your anger and alcohol issues.”
Justice Hinton applied the 8 month discount sought by the Crown for the nearly two years spent on restrictive electronic bail, taking the sentence to 21 months, within range for home detention.
The final sentence was five months home detention. Justice Hinton said this was much lower than it would have been given Uhatafe had already spent seven months in prison and two years on restrictive electronic bail.
Uhatafe and Fiva had been in a relationship for about five years when they came to New Zealand for a holiday in March 2020.
Covid-19 travel restrictions kept them in the country and on September 26, 2020, the couple went to a birthday party at the home of Uhatafe’s friend in Manurewa.
The revellers gathered on the home’s wooden deck where they ate and drank on long tables.
The party continued into the early hours. About 3am, the couple were sitting next to each other with several other guests.
A summary of facts released to the Herald by the court said Fiva used a phone to video one of the guests singing at the party.
This angered Uhatafe, who began arguing with Fiva.
“The defendant told her that, if she did it again, he would slap or smack her,” the summary said.
“He took the phone from her and placed it on the table. The deceased picked up the phone again, and they continued to argue.”
Uhatafe then stood up and hit Fiva once on the left side of her head “with significant force”.
She slumped forward in her chair unconscious, then fell onto the deck.
Another guest saw the assault and threw a glass at Uhatafe, who ran from the property to a family members home nearly, chased by several men from the party who saw the assault.
Meanwhile other guests went to the aid of Fiva, giving first aid, administering CPR and calling an ambulance.
Paramedics and police arrived and attempted CPR but did not find any signs of live.
Fiva was pronounced dead at the scene.
Uhatafe was found at a nearby home.
“When interviewed, he stated had struck the deceased once with an open palm and that she fell from her chair onto the deck.”
Both Fiva and Uhatafe have children. Family of Uhatafe including his sister, uncle and aunt were in the public gallery during sentencing.
Fiva’s family elected not to take part in the sentencing process.
