Collings v The the King

Case

[2022] NZCA 605

5 December 2022 at 2 pm


Details
AGLC Case Decision Date
Collings v The the King [2022] NZCA 605 [2022] NZCA 605 5 December 2022 at 2 pm

CaseChat Overview and Summary

The case of Collings v The King was heard by the Supreme Court of New Zealand. The defendant, Collings, was charged with the murder of Mr Friend, who was fatally injured when Collings deliberately drove his vehicle at him. The dispute centred on whether the prosecution could prove beyond reasonable doubt that Collings acted with the intent to kill or cause grievous bodily harm. Collings argued that the incident was not premeditated and that he did not intend to cause death or grievous bodily harm. The court had to decide whether Collings’ actions constituted murder or manslaughter.

The court considered the evidence and circumstances of the incident, including the mutual animosity between Collings and Mr Friend, the deliberate nature of the acceleration towards Mr Friend, and Collings’ continued acceleration even after Mr Friend was dragged underneath the vehicle. The court also considered the lack of any mitigating factors or evidence of remorse from Collings. The court held that the evidence showed that Collings acted with the intent to cause death or grievous bodily harm, as he deliberately turned the vehicle towards Mr Friend with the obvious intent of striking him and continued to accelerate regardless of Mr Friend’s predicament.

The court found that the prosecution had proved beyond reasonable doubt that Collings was guilty of murder. The court rejected Collings’ argument that the incident was not premeditated, finding that the evidence showed that Collings had the intent to cause harm to Mr Friend. The court also rejected Collings’ argument that he did not intend to cause death or grievous bodily harm, finding that his actions demonstrated a clear intent to do so.

The court sentenced Collings to life imprisonment with a minimum non-parole period of 17 years. The court considered the gravity of the offence, the deliberate nature of Collings’ actions, and the lack of any mitigating factors or evidence of remorse from Collings. The court held that a sentence of life imprisonment with a minimum non-parole period of 17 years was appropriate in the circumstances.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Negligence

  • Criminal Liability

  • Mens Rea & Intention

  • Compensatory Damages

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Cases Citing This Decision

2

Cases Cited

10

Statutory Material Cited

0

R v Collings [2022] NZHC 1275
R v Kinghorn [2014] NZCA 168
Pukeroa v R [2013] NZCA 305