| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA228/2024 [2024] NZCA 469 |
| BETWEEN | KAYLEB RENATA |
| AND | THE KING |
| Hearing: | 1 August 2024 |
Court: | Courtney, Mander and Walker JJ |
Counsel: | C A Gentleman for Applicant |
Judgment: | 20 September 2024 at 2.30 pm |
JUDGMENT OF THE COURT
A The application for leave to adduce further evidence is declined.
B The application for an extension of time to appeal is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by Courtney J)
Introduction
In February 2021 Kayleb Renata, then 16 years old, and two associates, embarked on an unprovoked, and ultimately fatal, attack on another man. The victim, Jamaine Wharton, tried to escape several times. Each time, he was chased, caught and the attack resumed. Eventually, Mr Renata stabbed Mr Wharton three times and Mr Wharton died before he could reach hospital.
Mr Renata was found guilty of murder at a jury trial before Davison J. The Judge imposed a life sentence, with a 10-year minimum period of imprisonment (MPI).[1] Mr Renata wishes to appeal the sentence on the basis (relying on Dickey v R)[2] that his age at the time of the offending and his personal circumstances mean that a life sentence is manifestly unjust.
Mr Renata is some 17 months out of time to bring an appeal. He has applied for an extension of time to do so.[3] The principles relevant to granting an extension of time to appeal were summarised by this Court in Kriel v R.[4] The ultimate consideration is the interests of justice and, in determining whether it would be in the interests of justice to allow an appeal to be brought out of time, the Court must consider the societal interest in the finality of litigation, as well as the interests of the prospective appellant in having their sentence reviewed. The length of the delay and the reasons for it, and the strength of the proposed appeal, will be relevant.[5]
Application to adduce evidence
[3]Criminal Procedure Act 2011, s 248(2) and (4).
[4]Kriel v R [2024] NZCA 45 at [79]–[87], citing R v Knight [1998] 1 NZLR 583 (CA), R v Mitchell [1977] 1 WLR 753 (CA), R v Jogee [2016] UKSC 8, [2017] AC 387, R v Johnson [2016] EWCA Crim 1613, [2017] 4 All ER 769, R v Lee [2006] 3 NZLR 42 (CA), and Mikus v R [2011] NZCA 298.
[5]R v Knight, above n 4, at 589.
Mr Renata seeks to adduce evidence from a psychiatrist, Dr Kumar, to support his application. The report was obtained in July 2022, during the trial but before sentencing. There is no explanation as to why it was not put before the Judge at sentencing. However, the report does not contain much more information than was already…
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- Case
- [2024] NZCA 469
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether new evidence could be adduced in support of the application for leave to appeal and whether it was in the interests of justice to grant an extension of time to appeal the sentence. The applicant argued that his age at the time of the offending and his personal circumstances warranted a reassessment of the sentence, referencing the precedent set in Dickey v R. However, the court found that the proposed evidence did not significantly differ from what was already before the sentencing judge and would not advance the applicant’s position.
Regarding the application for an extension of time to appeal, the court considered the applicant's explanation for the delay, which was attributed to his trial counsel’s workload and late awareness of the Dickey appeal. While the court accepted that the delay was adequately explained, it ultimately concluded that the likely strength of the appeal did not warrant an extension. The court emphasised the societal interest in the finality of litigation and noted that the applicant’s personal circumstances, while mitigating, did not render a life sentence manifestly unjust.
The court found that the offending was unprovoked and involved a severe and sustained attack, culminating in the fatal stabbing of the victim. The applicant’s level of culpability was deemed high, particularly given his role in escalating the violence by using a knife. Although the applicant had a troubled background and exhibited signs of conduct disorder, these factors did not sufficiently mitigate his culpability to warrant a different sentencing outcome.
The court's final orders were to decline both the application for leave to adduce further evidence and the application for an extension of time to appeal.
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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