A man who was found guilty of beating a 2-year-old girl to death in Weymouth during Auckland鈥檚 lockdown, leaving her covered head to toe in bruises, has been sentenced to life in prison with a minimum non-parole period of 15 years.
Before Tyson Brown stood in the dock today to hear his fate, Arapera Moana Aroha Fia鈥檚 biological father Malcolm Fia delivered a victim impact statement describing the damage the murder had wrought.
鈥淔or me, I see this as that Tyson has taken my legacy away. I will never get the chance to hold her again or to take her to her first day of school, graduating from high school, her prom, her 21st, everything,鈥 Fia said.
Fia described the trauma of dressing his daughter鈥檚 body after it was released.
聽鈥淲hen I finally went in the first thing I noticed was all the markings and bruises on her face. It made me more angry, it really got to me seeing her ears like they were burnt from the earlobe to the top of both her ears.
鈥淚 kept talking to her, telling her I was sorry that I wasn鈥檛 there to protect her. It was just so hard to process her not being around, I was just feeling pure anger at this point it made me feel like I wanted to inflict that pain on those who caused her injuries.鈥
Tyson Brown was charged with murder after the 2021 death of two-year-old Arapera Fia.
Fia, watched by a packed public gallery and Justice David Johnstone, went on to describe how he would spend hours sitting beside his daughter鈥檚 grave, sometimes sleeping there.
鈥淪he was loved by everyone,鈥 Fia said.
聽鈥淔or me I see this as that Tyson has taken my legacy away, I will never get the chance to hold her again or to take her to her first day of school, graduating from high school, her prom, her 21st, everything.鈥
Tyson Brown, now 23, was charged with murder two weeks after Arapera was rushed to Starship Hospital from her Weymouth home on the evening of October 31, 2021.
She was unresponsive upon arrival and pronounced dead hours later, just after midnight the next day.
Brown had been in an on-again-off-again relationship a woman living at the home where Arapera died, who continues to have name suppression as she awaits her own sentencing for manslaughter. Her relationship to Arapera remains suppressed, but her relationship to Brown is able to be reported.
Tyson Brown appears in the High Court at Auckland at the start of his murder trial. He is accused of having fatally beaten 2-year-old Arapera Fia in her Weymouth, South Auckland home. Photo / Jason Oxenham
Brown鈥檚 lawyer Lester Cordwell acknowledged the 17 year minimum non-parole period mandated for murder cases with serious aggravating factors was triggered because of Arapera鈥檚 age and vulnerability.
But Cordwell argued 17 years would be manifestly unjust. He asked Justice Johnstone for a lower non-parole period of 15 years, though he acknowledged a life sentence was inevitable.
He cited Brown鈥檚 young age - 21 at the time of the killing - and argued that just because Arapera had extensive injuries the attack was not necessarily prolonged.
鈥淭his was an attack resulting from an irrational sudden loss of self control,鈥 he said.
鈥淭hose injuries could very well have been caused within moments of a snapping, a loss of temper.鈥
He said Brown had been under immense pressure in the lead up to killing Arapera , having just been diagnosed with Covid and with the family in a bad financial position.
A cultural report showed Brown鈥檚 upbringing left him prone to reacting in inappropriate ways to pressure.
鈥淭his is not an excuse, it鈥檚 trying to find a reason for these type of behaviours.鈥
Crown prosecutor Luke Radich sought a 17 year minimum non-parole period. He pushed back on Cordwell鈥檚 claims the attack was not prolonged, saying Arapera suffered literally dozens of separate injuries.
Claims of the family鈥檚 poverty were also overstated, Radich said. Photos of the house showed a full pantry and relatively pleasant living environment, the prosecutor said. Brown had wanted to isolate at his mother鈥檚 home but was required to isolate at the home he shared with Arapera and others.
Despite the pressures of lockdown and Brown鈥檚 Covid diagnosis, there were always alternatives for the family if things were getting too much for them, and many family members would have loved to receive a call asking to look after Arapera for the weekend, Radich said.
鈥淭hey would have been delighted to oblige,鈥 Radich said.
鈥淭ragically, no one made such a call.鈥
Justice Johnstone, summarising Brown鈥檚 offending, said he snapped after a phone call and subjected Arapera to a forceful and brutal assault.
鈥淯sing considerable force you struck her against hard surfaces in her bedroom,鈥 the Judge said.
The toddler suffered three distinct severe head injuries, a compression fracture to her spine and bruising over much of her body.
Justice Johnstone said Brown鈥檚 subsequent actions delayed calling emergency services and deceived others in the house. When emergency services arrived they found faint signs of life but Arapera died shortly after arriving in hopsital.
Brown was transferred to a managed isolation facility in the days before he was charged. Police intercepted phone calls where he pretended his actions had not caused Arapera鈥檚 death.
When Brown shook his head in the dock during Justice Johnstone鈥檚 discussion of his deceitful phone calls, he earned a sharp rebuke from the Judge.
鈥淒on鈥檛 shake your head. It won鈥檛 serve you,鈥 he said
Justice Johnstone described his actions in delaying calling 111 as a 鈥渃allous, selfish and manipulative鈥 attempt to avoid blame for her injuries.
鈥淕iven her age, your attack was highly brutal.鈥
The Judge said the attack appeared spontaneous rather than pre-planned. Justice Johnstone acknowledged Brown had a highly unstable upbringing, witnessing extensive violence and drug use while living in poverty. He was using cannabis heavily before the murder.
Justice Johnstone said Brown鈥檚 comments to a cultural report writer showed he still did not accept he killed Arapera.
鈥淵ou should,鈥 the Judge said.
He said that Brown had not yet acknowledged his offending but it was likely that acknowledgement would come.
As a result, 17 years in prison without the chance of parole would be manifestly unjust, Justice Johnstone said.
He sentenced him to life in prison with a minimum non-parole period of 15 years.
鈥淚 love you son!鈥 one woman called out as he was sent down.
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