R v Blackett - [2017] NZHC 1120

ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF WITNESS/VICTIM/CONNECTED PERSONS PURSUANT TO S 202
CRIMINAL PROCEDURE ACT 2011.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2016-044-1785 [2017] NZHC 1120

THE QUEEN

v

WAYNE EDWARD BLACKETT NICOLA JONES
JULIE-ANN TORRANCE

Hearing: 26 May 2017

Counsel:

B Dickey and H Steele for Crown
M Edgar for defendant Blackett
M Pecotic for defendant Jones
N Wintour for defendant Torrance

Judgment:

26 May 2017

[REDACTED] SENTENCING NOTES OF WHATA J

Solicitors: Meredith Connell, Auckland

R v BLACKETT AND ORS [2017] NZHC 1120 [26 May 2017]

Introduction

[1] I commence by reminding everyone that the name of the victim is suppressed. And so, for this purpose, I will simply refer to her as N.

[2] Before I go further I also wish to acknowledge again the victim and the family. This, as I said previously, must have been a harrowing experience for the victim, and traumatic for her family.

[3] Mr Blackett, you pleaded guilty to kidnapping and an attempted murder of the victim, N, in May 2016.

[4] Ms Jones, you pleaded guilty to kidnapping N in April and in May 2016, aggravated robbery and three acts of assault with a weapon (with scissors in April
2016, and with a cricket wicket and scissors in May 2016). You were also convicted of assault with a weapon (a taser during the April offending), injuring with intent to injure, one charge of threatening to kill, and attempted murder.

[5] Ms Torrance, you have pleaded guilty to the kidnapping in April and May, the aggravated robbery, injuring with intent to injure and three acts of assault with a weapon (scissors and a taser in April, and a cricket wicket in May). You were also convicted on 20 March 2017 of a further charge of assault with a weapon (the scissors in May), sexual violation by unlawful sexual connection and attempted murder.

[6] You all face a maximum sentence of imprisonment on the charge of attempted murder of 14 years’ imprisonment. I also note, Ms Torrance, that in respect of your sexual violation charge, you face a maximum term of imprisonment of 20 years.

[7] You may be seated until I ask you to stand.

The general facts

[8] The general facts of the offending were set out in my sentencing of Mr Hakeke and Ms Blom. It is, regrettably, necessary to repeat them for your sentencing.

[9] The victim, N, was 19 years old at the time of the offending. N was known to you, Ms Jones, as her mother had taken you in when you were a teenager. She was also known to you, Ms Torrance, through your connection to Ms Jones. Mr Blackett, your connection to N was largely limited to your role in the attempted murder.

The threat to kill

[10] Ms Jones, your threat to kill is recorded in various texts to N’s mother. To

illustrate, on 10 January 2016 you sent a text saying:

“I’m going to…

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 Blackett

Details

AGLC: R v Blackett [2017] NZHC 1120
Case: [2017] NZHC 1120
Decision Date: 26 May 2017

CaseChat Overview and Summary

In the case of R v Blackett, the High Court of New Zealand heard the sentencing of three individuals, Mr Blackett, Ms Jones, and Ms Torrance, who had pleaded guilty to multiple charges including kidnapping, attempted murder, assault with a weapon, and sexual violation. The victims were subjected to severe and prolonged abuse over two separate incidents. The court considered the defendants' backgrounds, their roles in the offending, and the impact on the victims before determining the appropriate sentences. The starting points for sentencing were set at 13 years for Mr Blackett, 12 years for Ms Torrance, and 11 years for Ms Jones. Uplifts for associated offending were also considered, and minimum sentences of imprisonment were imposed to hold the defendants accountable for their actions. The final sentences were 12 years and seven months for Mr Blackett, 13 years and one month for Ms Jones, and 16 years and seven months for Ms Torrance, with minimum periods of imprisonment set at 6 years and 3 and a half months, 6 years and 6 and a half months, and 8 years and 3 and a half months, respectively.

Orders