R v Cole

Case [2017] NZHC 517 21 March 2017

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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 Cole

Judgment:

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…

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 Cole

Details

AGLC: R v Cole [2017] NZHC 517
Case: [2017] NZHC 517
Decision Date: 21 March 2017

CaseChat Overview and Summary

Dean Cole, the respondent, stood before the High Court of New Zealand at Gisborne Registry to be sentenced for the murder of his son, Blair Philip Cole. Cole had pleaded guilty to the charge. The court had to determine the appropriate sentence for the murder, considering the circumstances of the offence and the offender. The court summarised the offending, which was based on an agreed statement of facts, indicating that Cole had shot Blair to incapacitate him due to the ongoing abuse and threats from Blair. The court examined Cole's personal circumstances, including his mental health issues, which were considered to have contributed to the offending. The impact of the offending on Cole's family was also considered, with all family members recognising Blair's violent and threatening behaviour towards them. The court had to decide whether the presumption of life imprisonment should be displaced, considering factors such as the provocation from Blair, Cole's mental health, and the planning involved in the murder. The court concluded that the circumstances were exceptional enough to displace the presumption of life imprisonment and imposed a finite sentence of 12 years' imprisonment, with a minimum term of six years to be served. The sentence also took into account Cole's early guilty plea, remorse, and acceptance of accountability, which resulted in a two-year discount. The court emphasised the importance of Cole accessing mental health services during his imprisonment.

Orders