R v Burke

Case [2021] NZHC 136


SUPPRESSION ORDERS EXIST IN RELATION TO ASPECTS OF THIS JUDGMENT PURSUANT TO S 205 CRIMINAL PROCEDURE ACT 2011: SEE PARAGRAPH [61].

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2018-009-11281

[2021] NZHC 136

THE QUEEN

v

JUSTIN RICHARD BURKE

Hearing: 10 February 2021

Appearances:

C J Boshier and A M Harvey for the Crown

J R Rapley QC and S M Grieve for Defendant

Judgment:

10 February 2021


[REDACTED] SENTENCING REMARKS OF OSBORNE J


This judgment contains redaction of personal or sensitive information.

This judgment was delivered by me on 10 February 2021 at 10.55 pm Registrar/Deputy Registrar

Date:

R v BURKE [2021] NZHC 136 [10 February 2021]

Introduction

[1]Mr Burke, I am going to ask you to stand, please.

[2]        On 6 November 2020, following your jury trial, you were found guilty of the manslaughter of Shayne George Heappey. The maximum penalty for that as you know is life imprisonment.

[3]        I am going to shortly invite you to sit again because I need to identify in the remarks I make the background to your offending, the facts which you have heard counsel talk about and, importantly, the reasons for the sentence I will impose on you. That will take some time.

[4]Please be seated for now.

[5]So, to consider my sentence I will deal with a number of topics in this order:

(a)First, I will refer to the facts. That will include my consideration of both the evidence given at your trial, the victim impact statements which surviving victims have read and the other reports which have been made available to me including the restorative justice report from last Thursday’s meeting.

(b)I will then turn to examine the period of imprisonment which I must impose on you. That requires me to consider, as you will have seen from counsel’s submissions:

(i)first, a starting point, that is a period of imprisonment which I consider reflects the seriousness of your crime;

(ii)secondly, any personal factors about you which make your offending worse (and I can indicate at this point that there aren’t any of those); and

(iii)thirdly, the circumstances personal to you which reduce your level of responsibility for the crime of manslaughter.

[6]So, at this point, I am going to summarise the facts.

Factual background

[7]        The offending occurred as you know on 8 December 2018. You and Mr Heappey were known to one another prior to that because of your association with the Nomads gang in Christchurch.

[8]        In the days leading up to the offending, Mr Heappey was being sought by the gang in relation to the debt owed to Ms Cook, the stepdaughter of the Christchurch Nomads President, Mr Waho. Several gang members attempted to locate Mr Heappey to discuss the debt. He ignored requests repeated to meet and he acknowledged in a message to another gang member, Mr Sim, that he had let him down and would come and “collect his punishment”.

[9]        On the evening…

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R v Burke [2021] NZHC 136
Case
[2021] NZHC 136
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CaseChat Overview and Summary

Justin Richard Burke was found guilty of manslaughter following a jury trial in the High Court of New Zealand, Christchurch Registry. The manslaughter charge related to the death of Shayne George Heappey, which occurred on 8 December 2018. The legal issues before the court included determining the appropriate starting point for the sentence, assessing the aggravating and mitigating factors, and deciding on the discount for remorse and rehabilitation prospects. The court held that the appropriate starting point for the sentence was six and a half years' imprisonment, considering the aggravating factors such as premeditation, serious injury, multiple attackers, and the gang context. The mitigating factors considered were the defendant's remorse, offer to plead guilty to a lesser offence, and his background and prospects for rehabilitation. The court granted a total discount of 20% on the starting sentence, resulting in a final sentence of five years and two months' imprisonment. The court also made an order suppressing certain details of the defendant's childhood from the public version of the sentencing remarks.

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Background

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