R v Bonner - [2012] NZHC 1581

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2012-009-174 [2012] NZHC 1581

THE QUEEN

v

KEITH DONALD BONNER

Hearing: 4 July 2012

Counsel: E Bulger for Prisoner
K B Bell and N Robson for Crown

Judgment: 4 July 2012

SENTENCING REMARKS OF LANG J

R V KEITH DONALD BONNER HC CHCH CRI-2012-009-174 [4 July 2012]

[1] Mr Bonner, you appear for sentence today having pleaded guilty in this Court to a charge of murder. As you know, the mandatory, and only, sentence for that charge in your circumstances is one of life imprisonment.

Background

[2] The victim in this case was Tracey Lee Morris, who was 46 years on the date of her death. You had known her for about 23 years. You clearly regarded her as a very good friend, and for some period you were involved in a relationship with her. That ended some six or seven years ago, but you maintained good relations with her and obviously kept in contact with her.

[3] On New Year’s Eve last, you invited Ms Morris round to your house for dinner on Tuesday 3 January 2012. She arrived at your house at about 6.20 pm, bringing with her some bottles of wine. Clearly you anticipated that the two of you were likely to have a few drinks, because you had made up a bed for her in the sunroom so that she would not have to drive home after consuming alcohol. According to your statement to the police, you and she then had a meal and consumed a considerable amount of alcohol.

[4] After dinner, she remained in the lounge at the address in a reclining chair watching DVDs on the television set. You say you went into the kitchen and began doing the dishes. You say you do not remember anything at all about what happened after that. What we now know is that, by early the next morning, Ms Morris’ car was parked in a rural area. Her body, partially unclad and battered and bruised, was found in the back seat.

[5] You say that you woke up and found that she was not there. By this I assume that you believed she had gone home. You noticed, however, a very large amount of red staining on the carpet in the lounge area around the area of the chair in which she had been sitting. You made no enquiries about what might have happened to her. Instead, over the next day or so, you hired a commercial cleaning machine and then proceeded to remove all traces of blood from the carpet.

[6] The car containing Ms Morris’ body was seen on the road in the rural area the next morning, but it was not until a couple of days later on the Friday, that Ms Morris’ body was actually discovered. The police were then advised, and a photograph of the vehicle was published in local newspapers. You told police that you recognised the vehicle, and immediately concluded…

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 Bonner

Details

AGLC: R v Bonner [2012] NZHC 1581
Case: [2012] NZHC 1581
Decision Date: 4 July 2012

CaseChat Overview and Summary

Keith Donald Bonner is appealing his conviction for the murder of Tracey Lee Morris, which occurred on New Year’s Eve in 2012. Bonner had invited Morris to his house for dinner, where they consumed a significant amount of alcohol. Morris was found dead in her car in a rural area, having suffered extensive injuries, including skull fractures, bruising, and strangulation marks from her own leggings. Bonner pleaded guilty to the murder and the only sentence available under the law is life imprisonment. The court must determine a minimum term of imprisonment to be served before Bonner is eligible for parole.

The court was required to determine the appropriate minimum term of imprisonment, considering the aggravating and mitigating factors. The court found that the consumption of alcohol triggered Bonner's violent outburst, leading to Morris' death. The court also noted that Bonner left Morris’ body in an unclad state, further aggravating the offence. Mitigating factors included Bonner's guilty plea, his lack of a criminal record, and his demonstrated remorse.

The court considered the aggravating and mitigating factors and set a starting point of 14.5 years for the minimum term, similar to the starting point in a previous case. The court then applied a discount of 18 months for the mitigating factors, resulting in a minimum term of 13 years imprisonment. The court sentenced Bonner to life imprisonment with a minimum term of 13 years before he is eligible to apply for parole.

Bonner is sentenced to life imprisonment for the murder of Tracey Lee Morris, with a minimum term of 13 years imprisonment before he is eligible to apply for parole.

Orders