Dallas Hohua has been sentenced to six years and three months' jail. Photo / Andrew Warner
Dallas Hohua has been sentenced to six years and three months' jail. Photo / Andrew Warner
When Lani Paul's partner was told her loved one was "gone", she asked "where?".
She didn't expect to hear the next words: "Nah, he's gone sis. He's dead."
The partner's victim impact statement was read in the High Court at Rotorua yesterday by a Victim Support advocate during the sentencingof Whakatāne man Dallas Fraser Hohua, 58, who was found guilty of Paul's manslaughter.
Justice Matthew Muir sentenced Hohua to six years and three months' jail with a non-parole period of three years.
Hohua stood trial in August after pleading not guilty to Paul's murder. The jury found him not guilty of murder but guilty of manslaughter.
Dallas Fraser Hohua has been sentenced for the manslaughter of Lani Paul in Whakatāne. Photo / NZME
Paul died on October 23 last year when Hohua stabbed him with a knife through his heart after a fight broke out at Hohua's house on Hotene St in Whakatāne.
The defence argued during his trial Hohua was acting in self-defence and if he didn't he would have been dead as Paul was fuelled up on methamphetamine and was out to kill him.
Paul's partner's statement said she woke on the morning of his death to the sound of voices and noticed Paul wasn't in the bed beside her.
She said she would never forget that morning and it was still "raw".
"That was the most heartbreaking news I've ever had to wake up to in my life ... You have caused me trauma and you have changed my life in so many ways."
The statement told Hohua there were other ways he could have tried to get Paul away from his home and he was the older man who should have made the right choice ahead of Paul, who was only 29.
"You deserve to serve your time for what you have done but Lani doesn't deserve to be lying in the ground where you put him."
She said while she could forgive Hohua, she could not accept it.
Justice Muir said the victim's words were "moving and generous".
Justice Muir outlined the facts of what happened on the night of Paul's death, saying a fight broke out and Hohua forced Paul and his friends to leave. Punches were exchanged.
Paul went on to the street and removed his shirt and walked back, signalling his intention. Hohua went inside and returned before advancing towards Paul.
Hohua was armed with a golf club, which he later threw away. Paul armed himself with a fence paling and there were verbal threats exchanged.
Justice Muir said Paul "pushed all the wrong buttons" and Hohua "rose to the bait". He inflicted the 7.5cm fatal stab wound soon after. Paul was taken to hospital but died a short time later.
Crown prosecutor Ben Smith said remorse should be questioned as there was no offer from Hohua to plead guilty to a charge of manslaughter.
Hohua's lawyer, John Munro, said it was sad none of Hohua's family felt comfortable coming to court for yesterday's sentencing because they felt "scared" to attend.
Munro specifically said to Paul's partner he wanted her to know Hohua was remorseful.
Justice Muir said he sentenced Hohua on the grounds the jury didn't think he was acting in self-defence or that self-defence was reasonable.
The judge said he considered Paul swinging the fence paling was an attempt to "bat" Hohua away, rather than a threat.
He said the use of the knife was a disproportionate response to the level of threat that was faced.
"You were the aggressor. He was backing away from you as you approached."
In sentencing Hohua, Justice Muir said Hohua was a person quick to anger and fight and it was entirely predictable what was going to happen when he armed himself with a knife.
He imposed a minimum non-parole period of three years and encouraged him to use that time in prison to "chart a better course".
