Couper v R - [2017] NZCA 588

IN THE COURT OF APPEAL OF NEW ZEALAND

CA530/2017
[2017] NZCA 588

BETWEEN	NATHAN JAMES COUPER Appellant
AND	THE QUEEN Respondent

Hearing:	30 November 2017
Court:	Clifford, Simon France and Collins JJ
Counsel:	E A Hall and P J Ross for Appellant M H Cooke for Respondent
Judgment:	13 December 2017 at 10.15 am

JUDGMENT OF THE COURT

The appeal against sentence is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Collins J)

Introduction

Mr Couper appeals a sentence of seven years’ imprisonment imposed upon him by Judge Hobbs on 14 September 2017 in relation to charges of wounding with intent to cause grievous bodily harm and kidnapping.[1]
[1]R v Couper [2017] NZDC 20720 at [21].
Two grounds of appeal are advanced:
(a)the starting point of nine years’ imprisonment was too high; and
(b)insufficient credit was given for Mr Couper’s personal mitigating factors, namely remorse and rehabilitation.

Background

In the early hours of 1 February 2016, the complainant received a request to go to the address of a Ms Smith in Upper Hutt. The complainant was driven to that address by a friend. After arriving at Ms Smith’s address, the complainant sensed something was wrong and told his friend to drive off. As his friend attempted to do so, two men intervened. One of those men was Mr Couper, who dragged the complainant from the front passenger seat of the car by his neck. Mr Couper was holding a tyre iron. At this stage Ms Smith was yelling “smash him”. Another vehicle then pulled up beside them. Mr Couper then dragged the complainant into the back seat of that vehicle. Mr Couper proceeded to hit the complainant about the head and upper body. The vehicle with the complainant inside was then driven off to another address in Upper Hutt.
At the second address, another male appeared, who the complainant recognised as Mr Cassidy. Mr Couper and Mr Cassidy proceeded to hit the complainant about the head and upper body. Mr Couper used the tyre iron and Mr Cassidy a metal pole. The complainant’s teeth were damaged, his lips were split, he received cuts and abrasions to his head, arms and upper body, and his jaw bone was cracked. The complainant also lost consciousness during this beating.
After the beating stopped, Mr Couper got a large knife and cut off most of the complainant’s dreadlocks, which he stuffed into the complainant’s mouth. Mr Couper then taped the complainant’s mouth shut using duct tape. Mr Couper also taped the complainant’s wrists together and cut off most of his clothing, leaving him naked apart from a t-shirt. He was then taken back to the car which he had arrived in. He was placed in the boot of the car and driven around the Upper Hutt area for some time. Eventually the car stopped and Mr Couper opened the boot and started to again hit the complainant. The complainant was then driven off again to another address in Upper Hutt, where he was…

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 Couper v R

Details

AGLC: Couper v R [2017] NZCA 588
Case: [2017] NZCA 588
Decision Date: 13 December 2017 at 10.15 am

CaseChat Overview and Summary

Nathan James Couper appeals against the sentence of seven years' imprisonment imposed upon him by Judge Hobbs on 14 September 2017 in relation to charges of wounding with intent to cause grievous bodily harm and kidnapping. The appeal grounds argue that the starting point of nine years was too high and insufficient credit was given for personal mitigating factors, namely remorse and rehabilitation. The Court of Appeal was required to decide whether the starting point and the discount for personal mitigating factors were appropriate. The Court of Appeal found that the starting point of nine years was justified by the overall culpability of Mr Couper, taking into account the seriousness of his participation in the offending, the nature of the charges, and the aggravating factors present. The Court also found that the Judge did not err in not giving specific discounts for remorse and rehabilitation, as Mr Couper's efforts were outweighed by his criminal history and low prospects of rehabilitation. The appeal against sentence is dismissed.

Orders