Jones v R

Case [2015] NZCA 312


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

  1. 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.

  2. 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].

  3. Toni Miller was found guilty and convicted of aggravated burglary and sentenced to eight years imprisonment.  She was not charged with murder. 

  4. None of the five accused gave evidence.

  5. 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

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Details
AGLC
Jones v The Queen [2015] NZCA 312
Case
[2015] NZCA 312
Decision Date

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

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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