R v Wira - [2025] NZHC 3148
Date of Judgment
17 October 2025
Decision
Summary
Sentencing of Abel Wira for the manslaughter of his close friend Neville Thomson. Mr Wira lived on Mr Thomson's property and owned a pack of dangerous bullmastiff dogs. There were six adult dogs and 17 puppies. On 4 August 2022, Mr Wira left the property leaving Mr Thomson alone with the dogs. Mr Wira left some of the more dangerous dogs inside a rundown caravan on the property. The caravan did not have a handle or lock. Instead, Mr Wira attempted to secure the caravan by placing a wooden stump (a chopping block) outside the caravan door (and possibly loosely tying the door shut with some string). He said he had put the dogs in the caravan before without incident. This time, the dogs had not been fed for two days. Tragically, while Mr Wira was out, the dogs escaped and mauled Mr Thomson to death. Mr Wira's conviction at trial for manslaughter was on the basis that he failed to take reasonable care to ensure the dangerous dogs did not endanger human life; his failure was a gross one; and his failure was a cause of Mr Thomson's death.
This was the first sentencing for manslaughter involving a dangerous animal in New Zealand. Accordingly, case law was of limited assistance. But applying first principles a starting point of four years' imprisonment was adopted. A six-month reduction was appropriate for Mr Wira's remorse and assistance to the authorities. This brought the end sentence to three years' and six months' imprisonment.