R v Cochrane - [2020] NZHC 1485

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2018-009-009328

[2020] NZHC 1485

THE QUEEN

v

ALISTAIR COCHRANE DANIEL FRENCH

TEREINA DELIA SULLIVAN

Hearing: 26 June 2020

Appearances:

P A Currie for Crown

J R Rapley QC and K H Cook for Defendant Alistair Cochrane D J Taffs for Defendant Daniel French

A J McKenzie and D Goldwater for Defendant Tereina Sullivan

Judgment:

26 June 2020

SENTENCING REMARKS OF GENDALL J

[1] Alistair Cochrane, Daniel French and Tereina Sullivan, you appear for sentence today following a jury trial in this Court, where the jury delivered its verdicts on 13 March 2020. The jury found you, Mr Cochrane, and you, Mr French, guilty of the murder of Luke Sears. It also found you, Ms Sullivan, guilty of one charge of attempting to pervert the course of justice, and four charges of unlawful possession of a firearm and one of unlawful possession of ammunition.

[2] Mr Cochrane you had pleaded guilty to four charges of unlawful possession of a firearm and one charge of unlawful possession of ammunition at the commencement of the trial.

R v COCHRANE [2020] NZHC 1485 [26 June 2020]

[3] Mr French you also pleaded guilty in the District Court to a number of drugs and other charges. Those charges have been transferred to this Court for sentencing. They are possession of methamphetamine for supply, offering to supply methamphetamine, two charges of unlawful possession of a firearm, two charges of unlawful possession of ammunition, and further charges of cultivation of cannabis, selling and supplying cannabis, possession of Ethylpentylone for supply, and theft.

[4]You may all remain seated until I ask you to stand shortly.

[5] Before getting into the detail of my remarks on this sentencing, can I please begin by acknowledging the presence of everybody here today. To the family and friends of the victim in this case, Mr Sears, who was tragically taken from you at a relatively young age, there is nothing I am able to say or do that can ever replace your loss.

[6] To everyone who is in some way connected to these sad events, there is also nothing I can say or do to change that, but the sympathy of this Court is with you all.

[7] At the outset of my remarks I need to say that I have carefully read and considered a considerable amount of material which has been provided to me for this sentencing. This includes Probation Reports, a number of references that have been provided for each of you, Mr Cochrane, Mr French and Ms Sullivan, and this includes a letter from you, Ms Sullivan, to the Court for this sentencing for which I thank you.

[8] Now we have all heard today read the victim impact statement of Ms Bardsley, Mr Sears’ mother, and this has emphasised the impact that your actions have had on her and on members of her family. I have read and carefully…

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 Cochrane

Details

AGLC: R v Cochrane [2020] NZHC 1485
Case: [2020] NZHC 1485
Decision Date: 26 June 2020

CaseChat Overview and Summary

In the case of R v Cochrane, the High Court of New Zealand sentenced Alistair Cochrane and Daniel French to life imprisonment for the murder of Luke Sears. Tereina Sullivan was sentenced for attempting to pervert the course of justice and unlawful possession of firearms and ammunition. The court considered various charges, including methamphetamine dealing, cannabis cultivation, and firearms offences. The Crown argued for substantial minimum periods of imprisonment for Cochrane and French, citing aggravating factors such as the use of a weapon and prior animus. The defence argued for lower sentences, citing factors like provocation and excessive self-defence. The court rejected the defence arguments and imposed life sentences with minimum periods of 11 years for Cochrane and 10 years for French. Sullivan was sentenced to two years and six months for her offences. The court also made ancillary orders for the destruction of firearms and drugs, and for reparation for stolen power.

Orders