R v Collins - [2021] NZHC 1029

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CRI-2019-063-000629

[2021] NZHC 1029

THE QUEEN

v

JOHN KENNETH COLLINS

Hearing:
22 to 27 February 2021

1 to 2 March 2021

Appearances:

R D Smith and P A Norman for Crown

L A Andersen QC and J A Westgate for Mr Collins

Judgment:

7 May 2021

SENTENCING NOTES OF DOOGUE J

Introduction

[1] John Kenneth Collins, you appear for sentence for the murder of Brent Bacon following the verdict of the jury on 2 March, earlier this year.1 You also appear for sentence on one charge of interfering with human remains and one charge of unlawfully taking a motor vehicle, offences that you had earlier pleaded guilty to.2

[2] I begin by saying that I will be imposing a sentence of life imprisonment today. That means you will remain in prison for the rest of your life unless you can satisfy

1 Crimes Act 1961, s 172; maximum penalty life imprisonment.
2 Crimes Act, s 150; maximum penalty two years’ imprisonment; and Crimes Act s 226; maximum penalty seven years imprisonment.

R v COLLINS [2021] NZHC 1029 [7 May 2021]

the Parole Board you are no longer a risk to others. No one suggests that life imprisonment in this case would be unjust. The question I must turn my mind to is the minimum period of imprisonment (MPI) that will accompany that life sentence, that is the time you must spend in prison before the Parole Board can consider your release.

[3] I will first set out the circumstances of the murder, then I will discuss the impact of the murder on the lives of others. I will discuss the pre-sentence report and I will traverse relevant previous sentences. Finally, having regard to all those matters, I will settle the minimum period of imprisonment for you.

Background

[4] At about 11 pm on Monday, 4 February 2019 you murdered Brent Bacon by hitting him on or around the head multiple times with a cricket bat at your wife’s, Ms Dawson, address at 47 Lock Street, Dunedin. You kept hitting Mr Bacon until the cricket bat broke.

[5] After killing him you made a futile attempt to clean his blood from the scene. You also placed the cricket bat into a bag, a rubbish bag.

[6] You covered Mr Bacon’s body with a sleeping bag and put him in his own car. You forgot to bring the rubbish bag containing the cricket bat. You took his car and drove 30 kilometres north of Dunedin. Ms Dawson accompanied you. Together, in a secluded area at Steep Hill Road, you disposed of his body at the roadside. You attempted to conceal it under a large tree and ground vegetation.

[7] After disposing of Mr Bacon’s body, you drove north where you attempted to use Mr Bacon’s EFTPOS card at an ATM in Ashburton. That was at about 4.56 am on 5 February 2019. You kept driving…

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 Collins

Details

AGLC: R v Collins [2021] NZHC 1029
Case: [2021] NZHC 1029
Decision Date: 7 May 2021

CaseChat Overview and Summary

John Kenneth Collins was sentenced for the murder of Brent Bacon, and for interfering with human remains and unlawfully taking a motor vehicle. The court heard evidence that Collins murdered Bacon by striking him multiple times on the head with a cricket bat, then disposed of his body. Collins also pleaded guilty to interfering with human remains and unlawfully taking a motor vehicle. The court considered the evidence and submissions from both parties, and determined that the murder involved a high level of brutality, cruelty, depravity, and callousness. The court found that Collins was the aggressor throughout the assault, and rejected his claims of self-defence. The court also considered the impact of the murder on the victims and their families, and the pre-sentence report. The court determined that a sentence of life imprisonment with a minimum period of imprisonment of 17 years was appropriate, and rejected the submission that a whole-of-life sentence would be manifestly unjust. The court emphasised the gravity of the offence, and the need for punishment and deterrence.

The final orders of the court were that Collins be sentenced to life imprisonment for the murder of Brent Bacon, with a minimum period of imprisonment of 17 years. He was also sentenced to two years’ imprisonment for interfering with human remains, and seven years’ imprisonment for unlawfully taking a motor vehicle. The sentences were to run concurrently.

Orders