| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA620/2015 [2016] NZCA 510 |
| BETWEEN | DAVID GERRARD O’CARROLL |
| AND | THE QUEEN |
| CA641/2015 | |
| BETWEEN | MICHAEL JOSEPH CAVANAGH |
| AND | THE QUEEN |
| CA687/2015 | |
| BETWEEN | NIGEL JOHN BOWKER |
| AND | THE QUEEN |
| CA54/2016 | |
| BETWEEN | SHANNON STEVENS |
| AND | THE QUEEN |
| Hearing: | 8–10 August 2016 |
Court: | Winkelmann, Williams and Collins JJ |
Counsel: | R M Mansfield for Mr O’Carroll |
Judgment: | 20 October 2016 at 11.30 am |
JUDGMENT OF THE COURT
AMr O’Carroll’s appeal against conviction is dismissed.
B Mr Cavanagh’s appeal against sentence is allowed in part.
CMr Cavanagh’s minimum period of imprisonment of two years and 11 months is quashed.
DMr Bowker’s appeal against sentence is dismissed.
EMs Stevens is granted an extension of time in which to appeal.
F Ms Stevens’ appeal against sentence is allowed.
G Ms Stevens’ sentence of 15 years and nine months’ imprisonment with a minimum period of imprisonment of seven years and 10 months is quashed.
HMs Stevens is re-sentenced to a period of imprisonment of 13 years and six months with a minimum period of imprisonment of six years and nine months.
____________________________________________________________________
REASONS OF THE COURT
(Given by Winkelmann J)
Table of Contents
Para No
Introduction [1]
Mr Cavanagh’s sentence appeal [3]
Offending for which Mr Cavanagh was sentenced [4]
Grounds of appeal [14]
Ground of appeal: Starting point too high [15]
Ground of appeal: Uplift of 18 months to reflect other offending
too great [26]
Ground of appeal: Discount for time spent remanded in custody
on recall [28]
Ground of appeal: The Judge failed to adequately adjust the
sentence to ensure that the totality of the sentence imposed
was not too great [31]
Ground of appeal: Minimum period of imprisonment [39]
Result on Mr Cavanagh’s sentence appeal [42]
Mr Bowker’s sentence appeal [43]
Ground of appeal: Starting point [50]
Ground of appeal: Insufficient credit given for personal
rehabilitation and time spent on restrictive bail conditions [54]
Ground of appeal: Insufficient credit given for discount for
guilty pleas [60]
Ground of appeal: Imposition of minimum period of
imprisonment was not appropriate [63]
Result on Mr Bowker’s sentence appeal [67]
Mr O’Carroll’s conviction appeal [68]First ground of conviction appeal: Verdict unreasonable on the
March manufacturing charge [72]
Analysis — Co-conspirators issue [81]
Analysis — Sufficient evidence [89]
Second ground of conviction appeal: Propensity direction [97]
The treatment of the propensity evidence at trial [99]
Third ground of conviction appeal: New evidence [108]
Analysis [118]
Result on Mr O’Carroll’s conviction appeal [125]
Ms Stevens’ sentence appeal [126]
Extension of time to appeal [126]
Background facts[127]
First ground of appeal: Guilty plea at first reasonable
opportunity? [132]
Second ground of appeal: Plea at first reasonable opportunity
in light of counsel’s failure to follow instructions [135]
The evidence [136]
Discussion [141]
Result…
Continue reading O'Carroll v R
Sign in free to access the full text
- AGLC
- O'Carroll v The Queen [2016] NZCA 510
- Case
- [2016] NZCA 510
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.