By Belinda Feek, Open Justice reporter of 
Zhane Faiers was jailed on Friday for the murder of her former partner Ropati Shortland. Photo: Supplied via Open Justice / NZME
A young killer's deprived upbringing, circumstances at the time, and youth have helped her avoid a mandatory life sentence for murder because the judge deemed it would be "manifestly unjust".
Zhane Te Awhina Faiers was 24 when she drove her car at her on-again-off-again partner Ropati Shortland, on a Hamilton street in May last year.
Shortland jumped and landed on the bonnet before being propelled onto the roof of the car, which he managed to hold onto for several seconds before he was thrown off, landing on the road. He died three weeks later from his injuries.
Faiers admitted Shortland's manslaughter and defended the murder charge in a week-long trial in the High Court at Hamilton in June, where a jury found her guilty of murder through a majority verdict.
She reappeared for sentencing on Friday, with counsel Mark Sturm urging Justice Anne Hinton to agree it would be manifestly unjust to sentence Faiers to life imprisonment with the statutory 10-year minimum prison term, as she never intended to kill Shortland and was instead reckless.
Crown prosecutor Jacinda Hamilton disagreed and pushed for up to 13 years in jail, but Justice Hinton ultimately found in favour of the defence.
A person convicted of murder is sentenced to life imprisonment with a minimum term of imprisonment of 10 years - unless a judge determined it would be "manifestly unjust".
Justice Hinton ruled Faiers was young, had a difficult upbringing and a baby at a young age, was tired and "panicky" on the day she drove at Shortland and had just been beaten up by her cousin.
She was already in the car, meaning she didn't go out of her way to find a "weapon", and was travelling at "relatively low speed" on impact.
"What happened, happened very quickly in a matter of seconds," Justice Hinton said.
"Your actions are consistent with panic and impulsivity ... you leaving the scene. I accept that is an aggravating factor but not to a high degree ... and you say you didn't realise how badly injured he was."
She found Faiers' overall circumstances meant life imprisonment would be "unduly harsh" on her.
Justice Hinton also noted the victim impact statements, four of which were read by family members, made for "extremely sad reading".
Shortland's brother, Isiaih, spoke of the trauma he still suffers after witnessing his brother being hit by Faiers' car and then the guilt of not being able to save him.
Justice Hinton reassured him it wasn't his fault.
"You have nothing to feel guilty about," Justice Hinton told him.
She instead put that blame at Faiers' feet.
"[Shortland's] life was taken away at a young age, by you," she told the defendant.
Faiers grew up in Cambridge and was raised by her mother and stepfather. Her biological father was never around, even when they went to their marae in Taranaki.
Her stepfather was violent, despite her mother's attempts to stop him, and she became pregnant at 14.
Faiers met Shortland when he used to supply her with cannabis. Faiers and her son then moved to Hamilton to be with him.
Justice Hinton said although she had a criminal history it was limited to a cannabis and driving charge, but nothing to do with violence.
"In other words, this terrible incident ... is a one-off."
After taking a starting point of 20 years, Justice Hinton jailed Faiers for 17 years and ordered she serve a minimum term of seven years.
The day of Shortland's death was the result of a tumultuous day for the pair, the court heard.
Shortland rang Faiers at 3am on May 2 last year and asked her to pick him up from his other partner's house with whom he'd argued.
They drove off together and also argued, and Shortland was later arrested for an assault on the other woman, who was also the mother of his child.
The Crown alleged Faiers had been involved in the theft of Shortland's Ford Ranger ute which was left on Wall St, Nawton, before it was driven to a house on nearby Breckons Ave.
After being released from court, Shortland, together with his older brother Isaiah, went to pick up the ute so he could return to his father's house in Paihia, Northland.
After knocking on the door of a house, only to be told the ute wasn't there, Shortland was crossing the road when Faiers drove at him, which Justice Hinton determined was at 40km/h.
Stunned, Shortland jumped, landing on the windscreen before being flipped onto the roof.
He tried holding onto the doors for a short distance but fell off as Faiers continued driving around a slight bend.
He suffered critical head injuries and died just under three weeks later in Waikato Hospital.
*This story was first published on The Herald.
