IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
CRI-2016-082-374 [2017] NZHC 517
THE QUEEN
v
DEAN COLE
Hearing: 21 March 2017 Appearances:
S Manning for the Crown
S Hughes QC for Dean ColeJudgment:
21 March 2017
SENTENCING NOTES OF CULL J
[1] Mr Cole, you appear for sentence today having pleaded guilty to the murder of your son Blair Philip Cole at your home on 12 October 2016. I will refer to Blair as Blair in these sentencing notes.
[2] In sentencing you I am going to: (a) summarise your offending;
(b) explain your personal circumstances; (c) explain your pre-sentence report;
(d) explain the impact of offending on your family; and then
R v DEAN COLE [2017] NZHC 517 [21 March 2017]
(e) deal with the sentence on the murder charge.
[3] Before I begin, I wish to acknowledge the presence and support you have in Court today from your ex-partner, Ms Carol Cole, and your two other children, Croyden and Tess. I will refer later to their victim-impact statements in my sentencing remarks and the other material that has been placed before me. But the events which have brought you all here today are – without doubt – a tragedy. A tragedy, in particular, for your family.
Your offending
[4] I want to turn first to your offending. I base this summary on the agreed statement of facts to which you pleaded guilty as well as other information and evidence provided to this Court.
[5] Approximately three years ago, you relocated to Mohaka to care for your elderly mother when she was terminally ill with cancer. You nursed her on your own, until she died. When your mother passed away in May 2015 her estate was distributed amongst relevant family members, including your son Blair. Blair always maintained that he never received his fair share of the inheritance and formed the view that you were responsible for this.
[6] This source of contention between yourself and Blair was exacerbated by other ongoing interpersonal issues, primarily around your belief that Blair had ongoing issues with the use of alcohol and methamphetamine which caused him to be violent and unpredictable towards friends and family.
[7] Two months prior to the offending, Blair asked if he could move from Auckland to Mohaka to live with you. After initially protesting that the past history between you and him would make for an uncomfortable household dynamic, you reluctantly agreed that Blair could relocate to Mohaka to live with you.
[8] In the days leading up to the offending, Blair badgered and harassed you
regarding your mother’s estate. Blair subjected you to various incidents of violence.
He grabbed you by the throat, he threatened to kill you as well as threatening your two other children, Croyden and Tess. You have described your tolerance of the victim as being at breaking point.
[9] You had been sleeping poorly as a result of this and stayed awake all night on
11 October 2016, considering ways…
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