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Jones v R

Jones v R

Case [2015] NZCA 312 20 July 2015

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IN THE COURT OF APPEAL OF NEW ZEALAND

CA362/2014
[2015] NZCA 312

BETWEEN	KRISTOFER LEE JONES Appellant
AND	THE QUEEN Respondent

CA364/2014
BETWEEN	TONI MAREE MILLER Appellant
AND	THE QUEEN Respondent

CA369/2014
BETWEEN	TARIANA HINETEANAURANGI JONES Appellant
AND	THE QUEEN Respondent

Hearing:	29 June 2015
Court:	Wild, Keane and Kós JJ
Counsel:	C J Tennet for Appellant in CA362/2014 N Levy for Appellants in CA364/2014 and CA369/2014 S K Barr and F G Biggs for Respondent
Judgment:	20 July 2015 at 2.30 pm

JUDGMENT OF THE COURT

AThe appeals against conviction are dismissed.
BThe appeals against sentence by Kristofer Jones (CA362/2014) and Toni Miller (CA364/2014) are dismissed.
CThe appeal by Tariana Jones (CA369/2014) against sentence is allowed. The sentence of 10 years imprisonment imposed concurrently for aggravated burglary is quashed. A sentence of nine years imprisonment is substituted.

____________________________________________________________________

REASONS OF THE COURT

(Given by Wild J)

Contents
Para No.
Introduction	[1]
Facts	[7]
Severance	[13]
Other grounds of appeals against conviction by Toni Miller (CA364/2014) and Tariana Jones (CA369/2014)	[20]
The Judge failed to give an unreliability warning	[21]
The Judge failed to identify the possibility that Tariana Jones instigated a lesser common purpose than would be sufficient for murder	[29]
The question trail should have covered the possibility that a more serious purpose was agreed between the men only	[37]
Counsel for Kristofer Jones made an impermissible use of the statements made by Toni Miller, Tariana Jones and Matthew McKinney	[41]
Other grounds of appeal against conviction by Kristofer Jones (CA362/2014)
Application to adduce fresh evidence	[49]
The Judge wrongly ruled admissible Kristofer Jones’ comment in the Masterton District Court	[54]
Two instances of prosecutorial misconduct	[61]
The Judge misdirected the jury
(a) Failure to put defence case	[65]
(b) Misdirection on parties	[69]
(c) Failure to direct on flight	[72]
(d) Failure to direct on admissible statements	[75]
Appeals against sentence
The Judge’s approach to sentencing on the murder charges	[80]
The Judge’s approach to sentencing on the aggravated burglary charges	[87]
Toni Miller’s sentence appeal	[88]
Tariana Jones’ sentence appeal	[95]
Kristofer Jones’ sentence appeal	[99]
Result	[103]

Introduction

These are appeals by three of five offenders jointly tried in the High Court at Wellington before MacKenzie J and a jury in March 2014.
The appellants Tariana Jones and Kristofer Jones were each found guilty and convicted of murder and aggravated burglary. Each was sentenced to life imprisonment with a minimum period of imprisonment (MPI) of 17 years for murder. A concurrent sentence of 10 years imprisonment was imposed for aggravated burglary.[1]
[1]R v Jones [2014] NZHC 1207 [Sentencing remarks].
Toni Miller was found guilty and convicted of aggravated burglary and sentenced to eight years imprisonment. She was not charged with murder.
None of the five accused gave evidence.
All three appellants appeal against their convictions. The grounds are best summarised in tabular form:

Kristofer Jones	Toni Miller	Tariana Jones
Failure to sever the trials	P	P	P
Failure to give unreliability warning	P

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 Jones v R

Details

AGLC: Jones v The Queen [2015] NZCA 312
Case: [2015] NZCA 312
Decision Date: 20 July 2015

CaseChat Overview and Summary

This case involved three appellants, Kristofer Jones, Toni Miller and Tariana Jones, who were convicted of various offences in the High Court at Wellington and subsequently appealed to the Court of Appeal of New Zealand. The appellants were part of a group that had assaulted Glen Jones, leading to his death. The central issue in this case was whether the appellants' convictions and sentences were just and lawful. The Court of Appeal examined several grounds of appeal, including severance of trials, the judge's failure to give an unreliability warning, misdirections, prosecutorial misconduct, and the appropriateness of the sentences.

The Court of Appeal dismissed all appeals against conviction, finding that the trials were not required to be severed, the judge's directions to the jury were adequate, and there was no prosecutorial misconduct. The Court also found no miscarriage of justice resulting from counsel's impermissible use of co-accused statements. Regarding the appeals against sentence, the Court dismissed the appeals by Kristofer Jones and Toni Miller, finding their sentences to be appropriate. However, the Court allowed Tariana Jones' appeal against her sentence for aggravated burglary, reducing her sentence from 10 years to 9 years imprisonment.

Orders