Brown v The The Queen

Skye Destiny Brown and Manaia Sew-Hoy appealed against their convictions and sentences for aggravated robbery and kidnapping. The appeals were heard by the Court of Appeal of New Zealand and were dismissed. Brown was convicted of aggravated robbery and kidnapping while Sew-Hoy was only convicted of aggravated robbery. Both appealed on the grounds of unreasonable verdicts and manifestly excessive sentences.

In relation to the conviction appeals, the court held that the jury was entitled to conclude that the theft of the complainant’s property was an ongoing act or transaction which did not end until the defendants dropped the complainant off outside the McDonald’s restaurant. The court found it was open to the jury, acting reasonably, to conclude a common intention existed to rob the complainant. The court also held that the supplementary direction given to the jury was not unfair and did not give rise to a miscarriage of justice.

As for the sentence appeals, the court held that the starting points adopted by the sentencing Judge for both Brown and Sew-Hoy were appropriate. The court found that a 20 per cent discount was appropriate for Brown’s background. The sentences were not manifestly excessive.

The extension of time in CA204/2022 is granted. The appeals against conviction and sentence are dismissed.