R v Barton - [2018] NZHC 1558

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-Ā-TARA ROHE

CRI-2017-085-2143

[2018] NZHC 1558

THE QUEEN

v

JADE RICHARD BARTON

Hearing: 27 June 2018

Appearances:

J M O’Sullivan for the Crown C J Tennet for the Defendant

Judgment:

27 June 2018

SENTENCING REMARKS OF COOKE J

Introduction

[1]Mr Barton, you appear for sentencing on the following charges:

(a)two charges of aggravated robbery;1

(b)one charge of aggravated wounding;2

(c)one charge of kidnapping;3 and

1      Crimes Act 1961, ss 235(b) and 66; maximum penalty 14 years’ imprisonment.
2      Sections 191(1) and 66; maximum penalty 14 years’ imprisonment.
3      Sections 209(b) and 66; maximum penalty 14 years’ imprisonment.

R v BARTON [2018] NZHC 1558 [27 June 2018]

(d)one charge of possession of a knife.4

[2]This morning I will:

(a)set out your alleged offending;

(b)outline the appropriate starting point for that offending;

(c)explain any adjustments that may be made to that starting point; and

(d)give you your final sentence.

Your offending

[3] You pleaded guilty to the first offence committed by you at Petone beach. The statement of facts provided in relation to that offence is largely consistent with the evidence given about it at your trial. In the evening on 8 August 2017, you and your co-defendant Mr Samson approached two individuals at Petone Beach. You said: “Don’t shout, if you shout I will punch you in the face, just give us everything you have in your pockets”. You then told one of the victims to hand over his gold bracelet or he would get stabbed. While saying this, you put your hand in your right pocket suggesting you had a knife. The other victim then tried to run away, but was stopped and dragged back by Mr Samson. Once the two victims had handed over their possessions, you said: “Don’t move from this place and don’t shout. If you do I will smash your neck on the log and kill you.” You then left the scene in a vehicle. You and Mr Samson then purchased various items from five petrol stations and a liquor store with a bank card you stole from one of the victims.

[4] Later, in the early morning on 9 August 2017 the second set of more serious offences occurred. You and Mr Samson pulled up near a taxi at the bottom of the Ngauranga Gorge. You identified the taxi driver as your next victim. The taxi driver was then assaulted, including a blow or blows to the head rendering him unconscious and causing serious lacerations to his head and face. He also suffered bruising to his arms and cracked ribs.

4 Section 202A(4)(a); maximum penalty three years’ imprisonment.

[5] Mr Samson then removed the camera from the front of the taxi. The taxi driver was then put into the boot of the taxi. You then led the way in your car while Mr Samson followed in the taxi with the taxi driver in the boot. Mr Samson then drove…

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 Barton

Details

AGLC: R v Barton [2018] NZHC 1558
Case: [2018] NZHC 1558
Decision Date: 27 June 2018

CaseChat Overview and Summary

In the High Court of New Zealand, the case of The Queen v Jade Richard Barton (CRI-2017-085-2143 [2018] NZHC 1558) involved the defendant, Jade Barton, who was sentenced for multiple charges including aggravated robbery, aggravated wounding, kidnapping, and possession of a knife. The court heard the case on 27 June 2018, with appearances by J M O’Sullivan for the Crown and C J Tennet for the defendant, and delivered its judgment on the same day.

The legal issues the court had to decide involved determining an appropriate starting point for Barton's sentence, considering any adjustments that might be made to that starting point, and ultimately delivering a final sentence. The court needed to balance various factors such as the nature and severity of the crimes, the defendant's criminal history, personal mitigating factors, and the principles of deterrence and denunciation.

Cooke J outlined that Barton's offending, which involved two separate incidents of aggravated robbery, was particularly serious due to the use of actual and threatened violence, the vulnerability of the victims, and the lasting impact on them. The court found that a starting point of eight and a half years' imprisonment was appropriate, taking into account the totality of Barton's offending and ensuring parity with the sentence of his co-offender. Various adjustments were considered, including personal aggravating and mitigating factors, Barton's guilty plea, and the need for a minimum period of imprisonment. Ultimately, the court sentenced Barton to seven years and ten months' imprisonment for the lead charge, with additional concurrent sentences for the other charges.

The final orders of the court included a sentence of seven years and ten months' imprisonment for the aggravated robbery of the taxi driver, along with concurrent sentences for the other charges. The court also reminded Barton of his first strike warning issued earlier in relation to this offending.

Orders