R v Beazley - [2016] NZHC 1219

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2016-088-331 [2016] NZHC 1219

THE QUEEN

v

SEDDON HARLEM BEAZLEY

Hearing: 8 June 2016

Counsel:

A B Fairley for Mr Beazley
M B Smith or Crown

Sentence:

8 June 2016

SENTENCE OF DUFFY J

Solicitors:
Crown Solicitor, Whangarei

R v BEAZLEY [2016] NZHC 1219 [8 June 2016]

[1] Mr Beazley, you are for sentence today having pleaded guilty to one charge of attempting to pervert the course of justice.

Background

[2] This charge relates to a murder in which a number of Mongrel Mob members beat a man to death on the night of 31 December 2015/1 January 2016 in Moerewa. The victim became involved in an argument with various people in the vicinity of a Mongrel Mob wedding and was asked to leave. The argument continued as he walked away and he was set upon by a group of people and struck several times on the head. The victim suffered massive brain trauma and died the following day.

[3] At the relevant time you were a Mongrel Mob prospect in Moerewa. On 4

January 2016 you confessed to the murder. You refused to implicate anyone else in the murder. The subsequent Police investigation revealed that you were in Kaitaia at the time of the murder, and so could not have killed the victim. On 29 January 2016 you gave a further statement to the Police in which you admitted that you were in Kaitaia and so not responsible for the murder.

Personal factors

[4] You are twenty-two years old. You have no previous convictions. You are assessed by the probation officer as being at a low risk of re-offending. There is nothing about your background that would suggest that you would have committed the offence for which you are now being sentenced.

[5] The pre-sentence report records that you attempted to join the Mongrel Mob in the context of reasonably serious upheaval in your life, which led you to seek a sense of belonging. The pre-sentence report also records that your attitudes to your offending, gangs, and gang membership were naïve.

[6] You have since left the Mongrel Mob and are seeking treatment for your cannabis use. The report writer describes your friends and associates as mostly pro- social.

[7] It is to your credit that your employer, AFFCO Freezing Works Moerewa, has stated that it will re-employ you if you receive a community-based sentence. You live at home with your parents. The home and address have been assessed as being suitable for an electronically monitored sentence.

Crown submissions

[8] The Crown suggests a starting point in the region of three years’ imprisonment; acknowledges there are potential discounts and accepts that ultimately a non-custodial sentence is appropriate.

Defence submissions

[9] Defence counsel suggests a starting point between two to three years, with discounts including time spent on restrictive bail and in custody, and credit for early entry of a guilty plea. The final sentence is submitted to be one of…

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 Beazley

Details

AGLC: R v Beazley [2016] NZHC 1219
Case: [2016] NZHC 1219
Decision Date: 8 June 2016

CaseChat Overview and Summary

In the case of R v Beazley, the defendant, Seddon Harlem Beazley, was sentenced by the High Court of New Zealand after pleading guilty to one charge of attempting to pervert the course of justice. This charge pertained to a murder incident where a man was fatally beaten by several Mongrel Mob members on 31 December 2015/1 January 2016 in Moerewa. The victim had an altercation with some people at a Mongrel Mob wedding and was subsequently attacked and killed.

The primary legal issues the court needed to determine were the appropriate starting point for sentencing and the applicable discounts based on personal mitigating factors and the defendant's early guilty plea. The court also had to consider whether a non-custodial sentence was appropriate, given the seriousness of the offence and the defendant's personal circumstances.

The court, after considering the aggravating and mitigating factors, adopted a starting point of 29 months' imprisonment. The mitigating factors included the defendant's age, remorse, previous good character, and time spent in custody and on bail. These factors resulted in a 20% discount, reducing the sentence to 21 months' imprisonment. Additionally, the defendant received a 25% discount for his early guilty plea, further reducing the sentence to 10 months' imprisonment. The court concluded that while the offence was serious, a non-custodial sentence was appropriate. It imposed 10 months' home detention, along with several special conditions to ensure the defendant's rehabilitation and prevent further offending.

The final orders included 10 months' home detention, standard home detention conditions, and special conditions such as restrictions on communication with Mongrel Mob members, prohibition of alcohol and drug use, and mandatory participation in various rehabilitation programs. The court directed the defendant to report to Kaikohe Community Corrections and await further instructions. The sentence aimed to provide the defendant an opportunity to reform, supported by his family and employer, and to ensure that this offence would be the last in his criminal record.

Orders