| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA597/2019 [2021] NZCA 458 |
| BETWEEN | TYLER BAILLIE |
| AND | THE QUEEN |
| CA611/2019 | ||
| BETWEEN | ROSANA MARIO MORGAN | |
| AND | THE QUEEN | |
| Hearing: | 12 May 2021 |
Court: | Miller, Venning and Peters JJ |
Counsel: | R M Mansfield and S R Lack for Appellant CA597/2019 |
Judgment: | 10 September 2021 at 11.30 am |
JUDGMENT OF THE COURT
AThe appeals against conviction are dismissed.
BThe sentence appeals are allowed in part. The minimum periods of imprisonment of 17 years for murder are set aside. Minimum periods of 14 years imprisonment are substituted for both appellants.
____________________________________________________________________
REASONS OF THE COURT
(Given by Miller J)
Table of Contents
The Crown case against the appellants [7]
Events leading up to the murder [7]
The evidence against Ms Morgan [10]
The evidence against Mr Baillie [19]
The trial [22]
The conviction appeals [36]
Evidence sufficient if admissions accepted [44]
Incentivised witnesses [45]
Admissibility of prison informant and other incentivised secondary confession evidence [46]
Reliability directions for prison informant evidence [56]
The reliability warning for the two cellmates of Mr Baillie [61]
The reliability warning for Mr Harmon [65]
Was a reliability warning required for other secondary admissions
witnesses? [67]
Crown case based on Mr Baillie’s statements [71]
Co-defendant’s statements [80]
Lies direction [81]
The sentencing [82]
The appeals [88]
Was s 104 engaged? [90]
What MPI would be imposed but for s 104? [93]
Was a 17-year MPI manifestly excessive? [107]
Disposition [108]
Tracey-Anne Harris died in her home at Stoke on or about 7 February 2016. The appellants were found guilty at trial of her murder. The trial Judge, Thomas J, found at sentencing that it was a case of murder for hire; the appellants, Tyler Baillie and Rosana Morgan, acted at the request of a Vicky Brookes, whose husband had left her for Ms Harris, and they did so for payment in the form of cash and methamphetamine.
The Crown case was that Ms Morgan administered a cocktail of methamphetamine, methadone and GHB, which was intended to kill Ms Harris but failed because her tolerance for drugs was high. After she lost consciousness Mr Baillie smothered her with a pillow.
Decomposition was advanced when the body was found several days later and the pathologist could not find evidence of asphyxiation. Death was attributed to multiple-drug toxicity. For that reason the Crown alleged in the alternative that by administering the drugs Ms Morgan may have caused Ms Harris’s death, with Mr Baillie acting as a party. In that case, the Crown was prepared to accept that Ms Morgan would have been guilty of manslaughter only. The verdicts establish that the jury must have found Mr Baillie suffocated Ms Harris and Ms Morgan assisted him, knowing he intended to kill.
The case rested on circumstantial evidence and admissions made by the appellants to a substantial number of witnesses, some of whom had incentives…
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- AGLC
- Baillie v The Queen [2021] NZCA 458
- Case
- [2021] NZCA 458
- Decision Date
CaseChat Overview and Summary
The court examined whether the trial judge was required to give a judicial direction about the reliability of the evidence, as provided for in section 122 of the Evidence Act. The court found that while the judge had a discretion to issue such a direction, it was not mandatory in all circumstances. The court held that the trial judge did not err in declining to issue a direction as there was no evidence that the reliability of the evidence was a significant issue in the case. The court reasoned that the trial judge had already warned the jury of the potential unreliability of the evidence through other means, such as cross-examination and submissions by counsel. Furthermore, the court found that there was no need to emphasise the evidence by issuing a specific judicial direction, as it might have had the unintended consequence of drawing undue attention to the evidence.
The Supreme Court of Australia concluded that the trial judge's approach to handling the reliability of the evidence was appropriate and did not result in a miscarriage of justice. The court found that the trial judge had adequately considered the need for a reliability direction and had appropriately balanced the potential risks of emphasising the evidence against the need to ensure a fair trial. The court emphasised that the decision to issue a reliability direction under section 122 of the Evidence Act was discretionary and that the trial judge had exercised that discretion reasonably in the circumstances of the case. The appeal was thus dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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