R v Beaumont - [2019] NZHC 1235

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CRI-2018-012-001542

[2019] NZHC 1235

THE QUEEN

v

RUSSELL JOHN BEAUMONT

Hearing: 31 May 2019

Appearances:

H Bennett for Crown

T Jackson for Defendant

Judgment:

31 May 2019

SENTENCING NOTES OF DUNNINGHAM J

[1] Russell Beaumont, you are here today for sentencing because you have pleaded guilty to charges of wounding with intent to cause grievous bodily harm (“GBH”), threatening to kill and wilful trespass. As I said at the last hearing, I acknowledge that you identify as female and you have adopted the name Rose Beaumont, but you are charged under your given name and that is why when I sentence you I will be using that name.

[2] Before I discuss the sentencing process and the reasons for the sentence I am to impose, I will first summarise the facts which gave rise to the charges.

R v BEAUMONT [2019] NZHC 1235 [31 May 2019]

Facts

[3] You knew the victim in this matter, Karl Lefeber. You had worked together at the Little Sparrow Tattoo Parlour. About three years ago when you were suffering from depression your relationship with him soured and you lost ownership of the tattoo parlour. You blamed him and others for this. On 23 January 2017, you were trespassed from the tattoo parlour, where the victim continued to work.

[4] The attack which led to these charges occurred on the afternoon of 5 July 2018. You left your home to go to the tattoo parlour carrying two large knives and an ice axe. You entered the parlour holding one of the knives in your left hand and the ice axe in your right hand and you yelled “I’m going to kill you” to the victim as you approached him. You struck out at the victim with the knife, entering the palm of his right hand. You then raised the ice axe and swung it downwards towards his head. He raised his right arm to protect his head, and the ice axe struck his forearm with sufficient force to cut through the skin to the bone. You then struck the victim at least three more times with the ice axe, knocking him to the ground and you continued to strike him when he was on the ground inflicting two more blows to the victim’s right arm as he protected his head. Eventually, the victim was able to grab the ice axe with his left hand, but you continued to punch him and yell abuse at him. This included spitting in his face and calling him “faggot scum thieving cunt”. The attack only stopped when the police arrived and removed the weapons and restrained you.

Pre-sentence report

[5] To assist me in sentencing you today I have received a pre-sentence report. It does explain that at the time of your offending you had suffered an extended period of personal and business difficulties which had a significant impact on your…

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 Beaumont

Details

AGLC: R v Beaumont [2019] NZHC 1235
Case: [2019] NZHC 1235
Decision Date: 31 May 2019

CaseChat Overview and Summary

The case of R v Beaumont involved the defendant, Russell John Beaumont, who pleaded guilty to charges of wounding with intent to cause grievous bodily harm, threatening to kill, and wilful trespass. The defendant, who identifies as female and uses the name Rose Beaumont, had a history of animosity towards the victim, Karl Lefeber, stemming from a business dispute and personal issues. The attack occurred at the victim's tattoo parlour where the defendant, armed with a knife and an ice axe, assaulted the victim, causing serious injuries. The defendant's mental health issues, including depression and gender dysphoria, were considered in the sentencing process.

The primary legal issues the court needed to address were the appropriate sentencing range for the charges, the mitigating factors such as the defendant's mental health, and the discount for the defendant's guilty plea. The court considered the lead case of R v Taueki to determine the starting point for sentencing the charge of wounding with intent to cause grievous bodily harm, which was set at six to seven years' imprisonment due to the premeditation, use of weapons, and seriousness of the attack. The court also evaluated the mitigating factors, including the defendant's mental health and the discount for the guilty plea, which led to a final sentence of four years and ten months' imprisonment for the charge of wounding with intent to cause grievous bodily harm, six months for threatening to kill, and two months for wilful trespass, all to be served concurrently.

The court acknowledged the significant impact of the defendant's mental health issues at the time of the offence, despite the lack of detailed medical evidence. The court found that the defendant's severe depression and distress were significant factors in the offending, leading to a discount of one year for mental health issues and a 20% discount for the guilty plea. The court also warned the defendant of the consequences of another serious violence conviction under the three strikes law.

Orders