R v Coe

Case [2018] NZHC 2418 13 September 2018

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2017-055-690

[2018] NZHC 2418

THE QUEEN

v

IOSEFA BOB COE

Hearing: 13 September 2018

Appearances:

L Radich and S Norrie for the Crown P Le’Au’Anae for the Defendant

Sentence:

13 September 2018

SENTENCING NOTES OF GORDON J

Solicitors: Crown Solicitor, Manukau Counsel: M Le’Au’Anae, Auckland

R v COE [2018] NZHC 2418 [13 September 2018]

Introduction

[1] Mr Coe you appear today for sentence on charges arising from two separate offending incidents against the same victim. On 2 March 2018, you pleaded guilty to one charge of causing grievous bodily harm with intent to cause grievous bodily harm.1 That charge related to offending in April 2017. It carries a maximum penalty of 14 years’ imprisonment.

[2] A jury trial began on 19 March 2018 on charges relating to offending that took place in February 2017. The charges were:

(a)Assault with intent to injure;2
(b)Kidnapping;3
(c)Reckless driving;4 and
(d)Driving with excess breath alcohol (third or subsequent).5

[3] You pleaded guilty to the charge of driving with excess breath alcohol (third or subsequent) on the first morning of the trial when you were arraigned.

[4] On the third day of the trial, after you had given evidence and after the Crown’s closing address to the jury, you pleaded guilty to the three remaining charges.

[5] Your sentencing was to have proceeded on 12 July 2018. You sought an adjournment of that hearing as you wished new counsel to be appointed. I granted your application for an adjournment and the new date set was 15 August 2018. New counsel was appointed by Legal Services, but the lawyer advised the Court that you were not happy with your representation. Mr Le’Au’Anae subsequently advised the

1      Crimes Act 1961, s 188(1).
2      Section 193. The maximum penalty is a term of imprisonment not exceeding three years.
3      Section 209(b). The maximum penalty is a term of imprisonment not exceeding 14 years.
4      Land Transport Act 1998, s 35(1)(a). Under s 35(2), the maximum penalty is a term of imprisonment not exceeding three months or a fine not exceeding $4,500. The court must also order the person to be disqualified from holding or obtaining a driver licence for six months or more.
5      Section 56(1). Under s 56(4), the maximum penalty is a term of imprisonment not exceeding two years or a fine not exceeding $6,000. The court must also order the person to be disqualified from holding or obtaining a driver licence for more than one year.

Court on 13 August 2018 that he had been appointed. He sought a short adjournment. I granted his application and set the new date of today. That all explains why this sentencing hearing has been delayed.

[6] The Crown submits that you should be sentenced to a term of preventive detention with a minimum term of around eight years’ imprisonment. Mr Le’Au’Anae, on your behalf, submits that a sentence of preventive…

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 Coe

Details

AGLC: R v Coe [2018] NZHC 2418
Case: [2018] NZHC 2418
Decision Date: 13 September 2018

CaseChat Overview and Summary

The case of R v Coe involved sentencing for two separate incidents of offending against the same victim. The defendant pleaded guilty to charges of causing grievous bodily harm with intent, assault with intent to injure, kidnapping, reckless driving, and driving with excess breath alcohol. The court had to determine an appropriate finite sentence and decide whether to impose a sentence of preventive detention. The court began by setting a starting point for the sentence, considering the gravity of the offending, and adjusting it based on personal circumstances and guilty pleas. After evaluating various factors, the court determined an overall starting point of 11 years' imprisonment. The court also considered whether to impose a sentence of preventive detention, taking into account the defendant's history of violent offending, the risk of future violence, and the effectiveness of previous interventions. Ultimately, the court decided not to impose a sentence of preventive detention, provided the defendant undertakes appropriate programmes to address his violent tendencies. The final sentence was 11 years' imprisonment for the lead charge, with concurrent sentences for the other charges, and disqualification from driving for specified periods.

Orders