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Edwards v The King

Edwards v The King

Case [2023] NZHC 1788 10 July 2023

Sentencing

Aggravating Factors

Discount for Guilty Plea

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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.
3      R v Taueki [2005] NZCA 174; [2005] 3 NZLR 372.

[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…

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 Edwards v The King

Details

AGLC: Edwards v The King [2023] NZHC 1788
Case: [2023] NZHC 1788
Decision Date: 10 July 2023

CaseChat Overview and Summary

George Edwards was sentenced to four years and six months' imprisonment for causing grievous bodily harm with intent, and he appeals the sentence. The High Court was required to determine whether the District Court judge made any errors in imposing the sentence, and if so, whether a different sentence should be imposed. The court found that the starting point of five and a half years was outside the range available, particularly in light of the large number of cases where the victim died and starting points of five to five and a half years were adopted. The court also found that the uplift for previous convictions was justified, but the discount for the late guilty plea was too high. The court allowed a five per cent discount for remorse and a ten per cent discount for cultural factors. The court took into account the victim's significant injuries and the appellant's lack of remorse, and determined that a sentence of three years and four months' imprisonment was appropriate.

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