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Griffin v R

Griffin v R

Case [2019] NZCA 422 10 September 2019

Mens Rea & Intention

Aggravated & Exemplary Damages

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IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA8/2019
[2019] NZCA 422

BETWEEN	CODY PAUL GRIFFIN Appellant
AND	THE QUEEN Respondent

Hearing:	8 August 2019
Court:	Kós P, Woolford and Dunningham JJ
Counsel:	J D Munro and J N Olsen for Appellant B F Fenton for Respondent
Judgment:	10 September 2019 at 11 am

JUDGMENT OF THE COURT

The appeal against sentence is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Kós P)

An armed robbery that went badly wrong, as they so often do when a loaded firearm is used. As a result, one of the three robbers found himself convicted of murder. The second, the appellant, Mr Griffin, was convicted of manslaughter.
Messrs Clarke, Griffin and Chase carried out an armed robbery at the home of a Mr Henry. He lived on a rural property near Taupo. Mr Griffin brought three firearms and ammunition to the scene. He was also the driver. He and Mr Chase picked up a female associate who knew where Mr Henry lived. All were aware that a firearm was to be used in the robbery. Messrs Griffin and Clarke knew the firearm was loaded.
The group arrived by night. The men wore disguises. Mr Clarke was holding one of Mr Griffin’s shotguns. Mr Henry’s partner was apprehended. They asked her where Mr Henry, money and drugs were. Mr Griffin grabbed Mr Henry’s partner and pulled her to the ground. The Judge found he did so to prevent her alerting Mr Henry.
At that point, however, Mr Henry appeared anyway. He was chased by Messrs Clarke and Chase. Mr Clarke shot him, in the chest, from a distance of between two and five metres. Messrs Clarke and Chase then located a bag containing drugs and money. The three men and the female associate left the scene.
Mr Henry’s partner found him, lying on the ground, dying. She ran to a neighbouring property for help but there was no-one there. In the meantime, Mr Henry’s adult son arrived and found his father. He called emergency services and attempted to perform CPR, but Mr Henry by then had died.

Charges, trial and convictions

The three male offenders were each charged with murder and aggravated robbery. Trial took place before Katz J and a jury. Mr Clarke alone was found guilty of murder. Mr Griffin was found guilty of manslaughter. All three were found guilty of aggravated robbery.

Sentencing

The three defendants were sentenced together.[1] Mr Clarke was sentenced to life imprisonment with a minimum term of 17 years, and a concurrent sentence of nine years’ imprisonment for aggravated robbery.[2]
[1]R v Chase, Clarke and Griffin [2018] NZHC 3332 [Sentencing notes].
[2]At [105].
Mr Chase was sentenced to eight years and one month’s imprisonment for aggravated robbery, with a minimum term of 50 per cent of the finite sentence.[3]
[3]At [103].
Mr Griffin was sentenced to 10 years and nine months’ imprisonment for manslaughter, with a concurrent sentence of eight…

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 Griffin v R

Details

AGLC: Griffin v R [2019] NZCA 422
Case: [2019] NZCA 422
Decision Date: 10 September 2019 at 11 am

CaseChat Overview and Summary

The appellant, Mr Griffin, sought to appeal against his sentence, arguing that it was manifestly excessive. Mr Griffin was convicted of manslaughter in relation to the death of Mr Henry, following an armed robbery. Mr Griffin was also convicted of aggravated robbery, along with two co-offenders, Messrs Clarke and Chase. Mr Clarke was convicted of murder for shooting Mr Henry. The Court of Appeal was required to determine whether the sentence imposed on Mr Griffin was materially excessive. The Court of Appeal considered the starting point for sentencing, as well as the aggravating factors relevant to the offending. The Court of Appeal found that the starting point of 12 years was within the appropriate range for this type of offending. The Court of Appeal also found that the Judge had not erred in considering the detention of Mr Henry’s partner as an aggravating factor. The appeal against sentence was dismissed.

Orders