An east Auckland man who permanently blinded his flatmate and landlord during a violent attack has failed in his recent attempt to have his prison sentence reduced.
A document released by the Auckland High Court last year details the offending committed by Te Awanui Timutimu.
The sentencing notes of Justice Karen Grau state Timutimu was living with Martin Murray, who was both his landlord and flatmate, at a property in Botany Downs at the time of the incident.
The pair weren’t close friends but got on well enough and would occasionally watch television together.
A victim impact statement from Murray’s son Joseph said he thought of Timutimu as a kind person.
“But all of that changed when you went into the lounge and asked Mr Murray why he was tracking you,” Justice Grau said.
“He did not know what on earth you were talking about. You tried to get him to fight you.
“You are a much bigger man than he is. You insulted him for not fighting you.
“You started slapping him. You knocked him around. You grabbed him by the throat and you threw him onto the sofa so that he was lying face down.
“You got on top of him and squeezed his throat. Mr Murray was trying to protect himself.
“You put your fingers into his left eye and destroyed his vision in that eye.
“That must have been so painful and terrifying. You then dragged him off the couch and onto the floor and you said something like that you were coming for his other eye.
“You put your fingers into his right eye and you removed his sight in that eye as well, when at that stage he was completely defenceless.”
Justice Grau said that after Timutimu had attacked Murray he phoned 111 and the call disconnected.
The police phoned him back and he told them there had been assault. Timutimu admitted during the phone call to being the offender, the judge said.
“You also said something to Mr Murray, expressing surprise that he was still alive and said: ‘No one is coming for you’.”
Murray managed to get outside the house despite his “horrific injuries”.
Police officers found him covered in blood and stumbling around. Timutimu was also covered in blood.
Murray suffered serious injuries from the assault including permanent blindness in both eyes, a fracture to his right cheekbone, a large left orbital blowout fracture, tears and cuts to his face, chipped and broken teeth, and broken bones in his throat.
Timutimu pleaded guilty to a charge of wounding with intent to cause grievous bodily harm during his trial.
Justice Grau sentenced him to serve 10 years and 10 months’ imprisonment.
The offender went on to appeal the sentence as being manifestly excessive.
A consultant psychiatrist concluded Timutimu’s presentation was consistent with a delusional disorder or possible differential diagnosis of schizophrenia.
The expert believed there was “linkage” between the offender’s mental state and his offending.
In February, 2023, Justice Geoffrey Venning granted the appeal and reduced Timutimu’s sentence to 10 years’ imprisonment.
Following that decision, Timutimu filed a second appeal of his sentence with the Court of Appeal.
His counsel argued the sentence was still manifestly excessive and greater recognition should be afforded to the offender’s ill mental health.
The court judgement states leave for a second sentence appeal may not be given unless the appeal involves a matter of general or public importance, or a miscarriage of justice may have occurred.
“We are not persuaded this case meets the requirements for a second appeal.
“First, the proposed appeal involves no matter of general or public importance, as underlying principle is settled.
“Second, we are not persuaded a miscarriage of justice may have occurred.
“We acknowledge … Mr Timutimu’s mental state likely contributed to the offending.
“Similarly … we accept this feature diminishes Mr Timutimu’s culpability.
“However, this case involves a striking instance of a competing sentencing consideration – public protection – because of the danger posed by Mr Timutimu to others”
The judgment says the offender has a history of violence and his assault on Murray was “gravely serious, having left the victim blind”.
The consultant psychiatrist assessed Timutimu as mentally disordered and considered he posed a serious danger to others.
The offender lacks empathy and remorse and his insight into his untreated condition is “very poor”.
The Court of Appeal judgement states it does not consider it seriously arguable that greater discount should have been afforded than that given by Justice Venning, or that a 10-year prison term is manifestly excessive.
Timutimu’s application for leave for a second appeal was declined.
