Cable v The King - [2023] NZCA 317

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA3/2022
[2023] NZCA 317

BETWEEN	DARKIE THOMAS CABLE Appellant
AND	THE KING Respondent

Hearing:	12 June 2023
Court:	Courtney, Peters and Mander JJ
Counsel:	W T Nabney and R E Nabney for Appellant Z R Hamill for Respondent
Judgment:	24 July 2023 at 11 am

JUDGMENT OF THE COURT

The appeal against conviction is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Mander J)

On the morning of his trial, Mr Darkie Cable pleaded guilty to the murder of his partner, Ms Sam Reid.[1] He was sentenced to life imprisonment with a minimum period of imprisonment of 12 years.[2] He appeals his conviction, claiming the circumstances in which he entered his guilty plea resulted in a miscarriage of justice.
[1]Crimes Act 1961, s 160(2)(a) and 167(b).
[2]R v Cable [2021] NZHC 3129 [Sentencing notes].
Mr Cable also pleaded guilty to charges of injuring Ms Reid with intent to cause grievous bodily harm.[3] These charges arise from an earlier assault committed some four weeks prior to her death. He does not challenge his guilty pleas to those charges.

Background

[3]Section 189(1).

Following Mr Cable’s guilty pleas, he was sentenced on the basis of the following factual narrative, conveniently summarised by Muir J in his sentencing notes:[4]
[4]Sentencing notes, above n 2.
[9]       The summary of facts to which Mr Cable pleaded guilty records that he and Sam Reid were in a relationship of approximately 13 years duration. They have two young children. Police have recorded five family harm incidents between Mr Cable and Ms Reid between 2008 and 2020.
[10]      At around 6.00 pm on 26 December 2019, Mr Cable and Ms Reid were at Ms Reid's parents' address. They were celebrating Boxing Day with family. All present were consuming alcohol.
[11]      An argument between Mr Cable and Ms Reid ensued and quickly escalated. The apparent catalyst was some minor perceived error in the way Ms Reid had parked her car. Mr Cable dragged Ms Reid outside by her hair and assaulted her in front of their family and friends. He rained punches down on her, causing her to fall to the ground. There, Mr Cable kicked her multiple times about her head and torso. He then dragged her by her hair to an isolated area around the side of the address.
[12]      Attempted interventions by various relatives were unsuccessful, with Mr Cable threatening that they should “stand there and watch or I’ll smash you”. He continued his assault on Ms Reid, punching and kicking her until confronted by a neighbouring resident.
[13]      Ms Reid then fled the address and sought refuge at a relative’s home. Mr Cable returned to the Boxing Day celebrations. These events gave rise to Mr Cable’s first charge of injuring with intent to cause grievous bodily harm.
[14]      At around 10.00 pm, Mr Cable announced his intention to “go and fucking find” Ms Reid. He left the address to search for…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Cable v The King

Details

AGLC: Cable v The King [2023] NZCA 317
Case: [2023] NZCA 317
Decision Date: 24 July 2023 at 11 am

CaseChat Overview and Summary

Darkie Thomas Cable appeals against his conviction for the murder of his partner, Sam Reid, and the subsequent sentence imposed by the High Court. The Court of Appeal comprises Courtney, Peters, and Mander JJ. The appeal hinges on the contention that Cable was misled by his trial counsel's advice regarding the potential sentence he may face if he pleaded guilty, leading to a miscarriage of justice. The Crown argues that Cable's decision to plead guilty was informed and voluntary, primarily motivated by a desire to avoid his children having to testify at trial. The Court of Appeal finds that Cable's counsel provided him with accurate information about the potential outcomes of pleading guilty, and that Cable's decision was not influenced by erroneous advice. The Court also finds that Cable was not pressured into making a hasty decision and that he was adequately informed about the consequences of his plea. The appeal is dismissed, and the conviction and sentence are upheld.

Orders