Locke v The the King - [2022] NZCA 616

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA503/2021
[2022] NZCA 616

BETWEEN	TRISTAN ROSS LOCKE Appellant
AND	THE KING Respondent

Hearing:	2 November 2022
Court:	Gilbert, Muir and Gendall JJ
Counsel:	Appellant in person Z R Johnston for Respondent
Judgment:	8 December 2022 at 2 pm

JUDGMENT OF THE COURT

The appeal against conviction is dismissed.

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REASONS OF THE COURT

(Given by Gilbert J)

Introduction

This is a terribly tragic case. What started as a dispute between neighbours about loud music being played at night escalated to the point where one of them, Mark Cowling, who was living with his partner and their baby, was fatally stabbed and the other, Tristan Locke, who was living alone and has autism spectrum disorder and mental health issues, is now serving a sentence of life imprisonment for murder.[1]
[1]R v Locke [2021] NZHC 1843 [Sentencing notes].
Mr Locke, who was ably represented at trial by defence counsel, did not dispute that he stabbed Mr Cowling three times with a kitchen knife and that one of these penetrated his heart and lung. Nor did he contest that Mr Cowling died as a result of this injury. His defence at the trial was that he did not act with murderous intent.[2] The jury were plainly satisfied that he did so in finding him guilty of murder rather than manslaughter.
[2]Crimes Act 1961, s 167.
Mr Locke now appeals against his conviction. He has exercised his right to present his appeal without legal representation. His grounds of appeal are unorthodox but in general terms he views himself as a victim who was harassed and provoked by Mr Cowling. He also claims to have been failed by various government institutions, including the police and mental health services. He contends he was “an unwilling participant in the whole event” and Mr Cowling’s death was “purely accidental”. He maintains that he did not act with murderous intent.
Some of Mr Locke’s submissions were directed at the appropriateness of his sentence. However, in response to questioning from the Court, he was adamant that he was not challenging his sentence. It would be wrong in these circumstances for us to treat the appeal as being against sentence as well as conviction because there may be other submissions that could be made in support of a sentence appeal, particularly focusing on Mr Locke’s mental health issues. If Mr Locke wishes to pursue an appeal against sentence, we strongly encourage him to seek legal advice without delay.

The facts

Before setting out the narrative, we briefly summarise Mr Locke’s background and mental health issues because this provides essential context. The following summary is drawn from a report prepared by Dr Monasterio, a psychiatrist who was engaged on behalf of Mr Locke and gave evidence at the trial.
Mr Locke, who is now aged 33, was born in the United States. His father is an American and his mother is a New Zealander. Mr Locke…

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 Locke v The the King

Details

AGLC: Locke v The the King [2022] NZCA 616
Case: [2022] NZCA 616
Decision Date: 8 December 2022 at 2 pm

CaseChat Overview and Summary

The case of Locke v The King is an appeal against conviction by Tristan Ross Locke for the murder of Mark Cowling. The appeal was heard by the Court of Appeal of New Zealand, with Gilbert, Muir, and Gendall JJ presiding. The central issue in the appeal was whether the jury's verdict of guilty of murder was unreasonable or if a miscarriage of justice had occurred. Mr Locke, who has autism spectrum disorder and mental health issues, maintains his innocence and claims that the killing was accidental and that he did not act with murderous intent.

The Court of Appeal found that the majority of Mr Locke's grounds of appeal were irrelevant to the appeal against conviction, as they did not address the reasonableness of the jury's verdict or the occurrence of a miscarriage of justice. The court focused on the admissibility of evidence, specifically Detective Henderson-Rauter's evidence and Mr Locke's letter to his father. The court found that the evidence was properly admitted and that the jury had been adequately directed on how to assess the probative value of the letter against any prejudicial effect.

The Court of Appeal concluded that there was more than sufficient evidence to justify the jury's verdict that Mr Locke acted with murderous intent when he stabbed Mr Cowling. The appeal against conviction was dismissed, and Mr Locke's sentence of life imprisonment for murder was upheld. The court strongly encouraged Mr Locke to seek legal advice if he wished to pursue an appeal against his sentence.

Orders