Second murderer fails in bid to join appeal against life sentence

The Supreme Court is due to hear Kaine Van Hemert's appeal against his life sentence for murder this month. Photo / NZME

A convicted killer has failed in a bid to join in another murderer’s appeal against a prison sentence for life.

Joseph Karaitiana Wheeler stabbed Wellington man Richard Wallace over a drug debt in July 2021. He later pleaded guilty to murder.

High Court Justice Rebecca Ellis, in sentencing Wheeler in August, rejected his argument that he should get less than the usual life sentence because of his personal circumstances, including drug abuse and mental health issues.

Wheeler sought leave to appeal the sentence directly to the Supreme Court, instead of going the usual route through the Court of Appeal.

In doing so, he wanted his case to be heard alongside that of Kaine Van Hemert, who is serving a life sentence for the murder of Christchurch sex worker Bella Te Pania during a psychotic episode in 2019.

One of the issues being heard in Van Hemert’s appeal is the extent to which his mental illness contributed to his offending. He is also seeking to overturn his life sentence.

The Supreme Court is due to hear Van Hemert’s appeal this month.

In its judgment turning down Wheeler’s application, the Supreme Court said it was expected that one of the parties involved in Van Hemert’s appeal, Te Matakahi Defence Lawyers Association New Zealand, would advance similar submissions to those that Wheeler wanted to argue.

However, the Supreme Court justices said that it had not been shown that there were exceptional circumstances that would justify Wheeler taking his proposed appeal directly to their court.

“The issue has not been raised in the Court of Appeal, so this [Supreme] Court would not have the benefit of that court’s views on Mr Wheeler’s case.”