IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2023-409-79
[2023] NZHC 1788
BETWEEN GEORGE JUNIOR EDWARDS
Appellant
AND
THE KING
Respondent
Hearing: 29 June 2023 Appearances:
M M Dixon for Appellant S J Mallett for Respondent
Judgment:
10 July 2023
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 10 July 2023 at 3.30 p m, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
EDWARDS v R [2023] NZHC 1788 [10 July 2023]
Introduction
[1] George Edwards was sentenced to four years and six months’ imprisonment by Judge C D Savage on 29 March 20231 for one charge of causing grievous bodily harm with intent.2 He appeals that sentence.
Facts
[2] Around 1 am, 31 January 2021, Mr Edwards was in central Christchurch with a group of associates. While Mr Edwards was standing facing the victim, he punched him in the face without provocation, causing the victim to lose consciousness and fall to the ground. The victim sustained a fractured skull and a brain bleed. He was placed in a medically induced coma and spent a week in the Christchurch Hospital Intensive Care Unit. His recovery is expected to take a significant period of time.
District Court Decision
[3]Judge Savage undertook the sentencing exercise having regard to R v Taueki,
and the aggravating features he identified in the case.3 These were:
(a)an attack to the head;
(b)the vulnerability of the victim, noting he had no warning of the attack, so could not prepare for it; and
(c)there were significant long-term consequences for him including that he would always be more fragile and susceptible to head injuries.
[4] The Judge considered the attack fell into category 2 of Taueki and decided a starting point of five and a half years was warranted.
1 R v Edwards [2023] NZDC 6130
2 Crimes Act 1961, s 188(1); maximum penalty 14 years’ imprisonment.
[5] This was then uplifted by 10 per cent for Mr Edwards’ previous convictions, which included a manslaughter charge in 2004, committed under very similar circumstances.
[6] In respect of a discount for his guilty plea, the Judge noted that “… the plea came “very late”.” While acknowledging there were “some intricacies” around the charge the Crown wanted to pursue, the Judge agreed with the Crown that a 10 per cent guilty plea should be given.4
[7] Six months’ credit was given for Mr Edwards’ time spent on EM bail and a further 10 per cent was granted for cultural factors. There was no discount for remorse, with Judge Savage noting Mr Edwards still did not appear to take full responsibility. The end sentence was 54 months’ imprisonment.
Principles on appeal
[8] Appeals against sentence are allowed as of right by s 244 of the Criminal Procedure Act 2011 and must be determined in accordance with s 250 of that Act. An…
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CaseChat Overview and Summary
The final orders of the court were that the appeal was allowed, the sentence was quashed, and the appellant was sentenced to three years and four months' imprisonment.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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