R v Burke

[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…