R v Boyle - [2019] NZHC 1584

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CRI-2018-019-004429

[2019] NZHC 1584

THE QUEEN

v

DYLAN KEN BRYAN BOYLE

Hearing: 5 July 2019

Appearances:

J N Foster & K R L Guthrie for Crown K W Burroughs for Defendant

Sentence:

5 July 2019

SENTENCE OF PAUL DAVISON J

Solicitors:
Crown Solicitor, Hamilton

R v BOYLE [2019] NZHC 1584 [5 July 2019]

Introduction

[1] Dylan Boyle, at the age of 22 years, you appear for sentencing today having pleaded guilty on 21 June 2019 to:

(a)one charge of kidnapping pursuant to ss 209(b) and 66 of the Crimes Act 1961, carrying a maximum sentence of 14 years’ imprisonment; and

(b)one charge of conspiring to defeat the course of justice pursuant to s 116 of the Crimes Act 1961, carrying a maximum sentence of seven years’ imprisonment.

Background

[2] You are one of a number of defendants charged with criminal offences following the death of Mitchell Paterson.

[3] In the early hours of Thursday, 12 July 2018, you and your co-defendants Leon Wilson, Simon Walker, Grant Wickens, Chloe Kerridge and Kyra Betteridge were together at Mr Wilson’s Hamilton residence. Mr Wilson is the president of the Waikato chapter of the Nomad’s gang. There was discussion amongst the group about Mr Paterson having allegedly bad mouthed Mr Wilson.

[4] Arising from that discussion, Mr Wilson directed that Mr Paterson was to be brought to his address for questioning about what he had been saying.

[5] In accordance with Mr Wilson’s direction, you and your co-defendants, Mr Walker and Ms Kerridge, left Mr Wilson’s address together in your car for the purpose of locating Mr Paterson. Mr Walker then contacted other associates to confirm Mr Paterson’s whereabouts. Having received confirmation as to where Mr Paterson could be located, Mr Walker telephoned Mr Wilson and told him the address where Mr Paterson was. The three of you drove in your car to that address, and you parked outside. After you had left Mr Wilson’s address, Mr Smith had arrived there.

[6] Once at the address where Mr Paterson was located, Mr Walker advised Mr Smith via a text message that he was there, that is Mr Walker was there. Mr Smith, Mr Wilson, and Mr Wickens had by then, departed Mr Wilson’s address in Mr Smith’s vehicle, and Mr Smith responded to Mr Walker’s text, telling him to let them know once Mr Paterson was in the car.

[7] Mr Walker then lured Mr Paterson out to your car on the pretext of completing a drug deal. Mr Paterson came outside and spoke briefly to Mr Walker, before returning back inside apparently to get something. While he was away Mr Walker sent another text message to Mr Smith informing him that he (Mr Walker) was waiting in your car for Mr Paterson to return. Then when Mr Paterson returned back to your car he was forced and dragged into the backseat.

[8] Mr Wilson, Mr Smith…

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 Boyle

Details

AGLC: R v Boyle [2019] NZHC 1584
Case: [2019] NZHC 1584
Decision Date: 5 July 2019

CaseChat Overview and Summary

Dylan Bryan Boyle appeared before the High Court of New Zealand for sentencing following his guilty pleas to charges of kidnapping and conspiring to defeat the course of justice. The charges arose from events that led to the death of Mitchell Paterson. Boyle and others, under the direction of Leon Wilson, abducted Paterson and transported him against his will. During the abduction, Paterson was restrained and eventually died. Boyle's role was primarily to provide transport, and he cooperated with the police, leading to charges against other participants.

The court considered various factors in determining the sentence, including the gravity of the offence, Boyle's level of involvement, and mitigating factors such as his cooperation with authorities and his otherwise good character. The Crown and defence agreed on a starting point for sentencing, acknowledging the spontaneous nature of Boyle's involvement and the absence of gratuitous violence by him. The court noted Boyle's remorse and his efforts to assist in the prosecution of his co-defendants, which warranted a discount in sentencing. After applying the appropriate discounts, the court determined a final sentence of nine months' home detention for the kidnapping charge and three months' home detention for the charge of conspiring to defeat the course of justice, to be served concurrently. The court also dismissed a charge of manslaughter against Boyle.

Orders