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McRae v The King

McRae v The King

Case [2024] NZCA 324 18 July 2024

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IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA744/2023
[2024] NZCA 324

BETWEEN	STEVIE ANNE MCRAE Appellant
AND	THE KING Respondent

Hearing:	13 March 2024
Court:	French, Palmer and Cooke JJ
Counsel:	G A Walsh and M J James for Appellant A S C Alcock for Respondent
Judgment:	18 July 2024 at 10.30 am

JUDGMENT OF THE COURT

AThe conviction appeal is dismissed.
BThe sentence appeal is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Palmer J)

Ms Stevie McRae, the appellant, was tried in the District Court at Hamilton before a jury and Judge S R Clark, and convicted of aggravated burglary, theft, and conversion of a vehicle. Ms McRae was sentenced to imprisonment for two years and one and a half months and ordered to pay reparations of $2,000.[1] She appeals her convictions and sentence.

What happened?

[1]R v Dunseath [2023] NZDC 27398 [sentencing decision] at [58].

Stevie McRae and Lola McRae are sisters who have two half-sisters, Crystal Forbes and Jannine Forbes. In January 2022, the Forbes sisters came into the possession of a Honda Odyssey car which the McRae sisters said they were not entitled to, as the car belonged to another relative. The Forbes sisters had not returned the car. The McRae sisters, and Troy Dunsheath, the appellant’s partner, attempted to recover it.
On 18 January 2022, the Forbes sisters were staying at a farm address in Puriri, Thames. The McRae sisters and Mr Dunsheath (who all ended up as co‑defendants), as well as two other relatives, drove to the address just prior to midnight that evening. Ms McRae armed herself with a small axe or hatchet and Lola McRae armed herself with a metal or wooden pipe or pole. In the sentencing decision, the Judge described the events as follows:
[11]      The defendants entered the lounge area of the address located on the second storey. They did so via some external stairs on the second floor. They opened a screen door and entered. Mr Michael Ward and Mr Michael Hocking were asleep in the lounge at the time. Crystal and Jannine Forbes were asleep in a bedroom.
[12]      Ms Stevie McRae walked into the lounge. She directed her attention towards Mr Michael Ward whom she woke up. She was yelling out: “[w]here are my fucking sisters?” in reference to the Forbes sisters. Stevie McRae took Mr Ward’s phone off him which had been resting on his chest while he was asleep. That phone has never been recovered.
[13]      Lola McRae stood in the lounge area. She also demanded to know where her sisters were. She had in her possession at that time the pipe …
[14]      Mr Troy Dunseath sat on a couch next to Mr Michael Hocking. He had his hands hidden in his hoodie giving the appearance that he was armed with something. He held his finger up to Mr Hocking's lips and said words to the effect: “[s]hut your fucking mouth and just stay…

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 McRae v The King

Details

AGLC: McRae v The King [2024] NZCA 324
Case: [2024] NZCA 324
Decision Date: 18 July 2024 at 10.30 am

CaseChat Overview and Summary

In the Court of Appeal of New Zealand, Stevie Anne McRae appealed against her conviction and sentence, following her conviction of aggravated burglary, theft, and conversion of a vehicle. The appeal was heard by French, Palmer, and Cooke JJ, with G A Walsh and M J James acting for the appellant and A S C Alcock for the respondent. The appeal was dismissed.

The appeal was based on two grounds: first, the verdict for aggravated burglary was unreasonable; and second, the Judge’s summing up was not fair and balanced, leading to a miscarriage of justice. The Court found that the evidence supported the jury’s verdict and that there was no miscarriage of justice. The Judge’s summing up was not unfair, and the appellant’s authority to enter the house was properly considered.

Regarding the sentence, the Crown submitted a starting point of four years’ imprisonment was appropriate, while the appellant’s counsel submitted that two years was appropriate. The Judge set a starting point of two years and three months, considering the aggravating factors. After adjustments, the final sentence was two years and one and a half months’ imprisonment, with reparations of $2,000. The appellant argued the starting point should have been two years and the aggravating factors were double-counted. The Court found that the starting point was within the available range and the sentence was not manifestly excessive. Therefore, the sentence appeal was dismissed.

Orders