[1] Mr Appleton, you appear for sentence today having pleaded guilty to one charge of manslaughter1 arising out of your conduct causing the death of your friend, Clayton Graves.

[2] Before proceeding further with my sentencing remarks I acknowledge the presence of Mr Graves’ family, particularly his mother, Lisa Graves, whose victim impact statement I will refer to shortly.

Factual background

[3] In or around 2017, you and Mr Graves met through work and became friends. You are an experienced fisherman and boatie. You are familiar with navigating the Tauranga moana.

[4] On the evening of 4 October 2019, Mr Graves returned home from work intoxicated and continued to drink before his flatmate arrived and dropped him off in Bethlehem. Mr Graves briefly visited a friend. He then travelled to your address in Otūmoetai.

[5] You were also in an intoxicated state. The two of you decided to go fishing in your Ramco Getaway aluminium boat. Mr Graves drove the boat, hitched to your work vehicle, to the boat ramp at Sulphur Point. You were in the passenger seat. When you arrived at Sulphur Point, Mr Graves reversed the van and trailer down the boat ramp to launch the boat into the water. You then held the boat while Mr Graves parked your vehicle and trailer.

[6] At 12.44 am on 5 October 2019, the boat left the shore with you as the pilot. The boat did not have its navigation lights on. You and Mr Graves were not wearing life jackets.

[7] The weather conditions were fair. The evening was well lit by the moon and there were no clouds in the sky. The wind was blowing around 13–24 km/hr with 30 km/hr gusts from the west or southwest. It was high tide.

1 Crimes Act 1961, s 160(2)(a). Maximum penalty (s 177): life imprisonment.

[8] You steered the boat towards the harbour channel. You piloted it over the sand bar and steered outside of the channel markers. The boat headed towards the Pilot Bay swing moorings until it made a sharp left-hand turn towards the harbour entrance (which is between the end of Matakana Island and Mauao – or ‘the Mount’ as it is commonly known). You passed Stoney Point (on the Mount) by a few hundred metres and stopped in the mouth of the harbour. For approximately 16 minutes the boat drifted with the tide and the wind.

[9] You then restarted the engine and accelerated to 23 knots (42.5 km/hr). The boat headed left of the harbour channel, travelling within 200 metres of the shore and…

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 R v Appleton

Details

AGLC: R v Appleton [2021] NZHC 80
Case: [2021] NZHC 80
Decision Date: 3 February 2021

CaseChat Overview and Summary

The case of R v Appleton involved the sentencing of Guy Haydon Charles Appleton for manslaughter, which arose from his conduct that led to the death of his friend, Clayton Graves. Appleton and Graves had met through work and became friends. On the evening of October 4, 2019, both were intoxicated when they decided to go fishing in Appleton's boat. The boat did not have its navigation lights on, and neither man was wearing life jackets. Appleton piloted the boat, breaching Maritime Rules by exceeding the speed limit within 200 meters of the shore and a structure. The boat eventually collided with rocks at Stoney Point, causing severe injuries to Graves, who later died. Appleton did not seek assistance for Graves and instead waited on the beach for help, which arrived several hours later.

The legal issues before the court included determining an appropriate starting point for sentencing based on the aggravating and mitigating factors of Appleton's conduct, and adjusting this starting point based on personal circumstances, such as his guilty plea and remorse. The court noted several aggravating factors: Appleton piloted the boat while heavily intoxicated, there was an increased danger in operating the boat at night, he was traveling at an excessive speed, he failed to use available safety equipment, and he did not seek help for Graves after the collision. There were no mitigating factors, as the circumstances of Graves' death were entirely avoidable and Appleton's conduct was reckless.

The court adopted a starting point of three years and nine months' imprisonment, considering the relevant case law and the unique facts of this case. After applying discounts for Appleton's early guilty plea and his remorse, the final sentence was two years and seven months' imprisonment. The court emphasized the importance of denunciation, accountability, and promoting a sense of responsibility for the harm caused to Graves' family.

Orders