R v Dempsey - [2016] NZHC 3056

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

CRI-2015-042-1331 [2016] NZHC 3056

THE QUEEN

v

RONAYNE JOSEPH DEMPSEY AND TIMOTHY BRUNSELL

Hearing: 13 December 2016

Counsel:

M A OʼDonoghue and R M Thomas for Crown
J C S Sandston for Mr Dempsey
A J D Bamford and T C Lyall for Mr Brunsell

Sentencing:

13 December 2016

SENTENCING NOTES OF CLIFFORD J

Introductory remarks

[1] Mr Dempsey and Mr Brunsell, you appear for sentence today having been convicted, after a trial before me here in the High Court at Nelson, for your respective roles in the death of Bruce Mortimer, then aged 46 years old. You were charged jointly with Mr Mortimer’s murder.

[2] Mr Dempsey, the jury found you guilty of murder, as charged. Mr Brunsell, the jury found you not guilty of murder, but guilty of manslaughter.

[3] As I think you have been told, I will sentence you separately today: Mr Dempsey you first, and then you, Mr Brunsell.

R v DEMPSEY AND BRUNSELL [2016] NZHC 3056 [13 December 2016]

[4] One of Mr Mortimer’s family, Chelsea Mortimer, has, as Mr O’Donoghue has just reminded me, prepared a victim impact statement and is here in Court today to read that statement. It is appropriate that both of you hear that statement. Accordingly, and so that she does not have to read it twice, I will ask her now to read it while you are both present in Court. When she has done so, I will adjourn the part of this sentencing hearing that relates to you, Mr Brunsell, and ask you to stand down and I will sentence Mr Dempsey. When Mr Dempsey has been sentenced, he will stand down, you will be brought back into Court and I will then impose sentence on you.

[5] So I now invite Chelsea Mortimer to read her victim impact statement to the Court. Ms Mortimer, and if you would just like to come forward and if you just want to stand at the back of the Court there, thank you.

[Ms Mortimer reads victim impact statement.]

[6] Thank you Ms Mortimer. Mr Brunsell if you would stand down please.

[7] Mr Dempsey I am now going to proceed to sentence you. You may sit down in the dock and I will ask you to stand towards the end of my sentencing Mr Dempsey, when I impose sentence on you.

Sentencing – Mr Dempsey

[8] Mr Dempsey I will first explain to you, and to all here in the Court, the decisions I must make today to determine your sentence.

[9] When a person is convicted of murder, our law requires the Court to impose a life sentence, unless such a sentence would be manifestly unjust. Such a sentence is clearly not manifestly unjust here. Therefore Mr Dempsey, you are sentenced to life imprisonment.

[10] When a Court imposes a life sentence for murder, the Court must also decide on the minimum period of imprisonment the convicted person must…

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 Dempsey

Details

AGLC: R v Dempsey [2016] NZHC 3056
Case: [2016] NZHC 3056
Decision Date: 13 December 2016

CaseChat Overview and Summary

In the High Court of New Zealand, Nelson Registry, Ronayne Joseph Dempsey and Timothy Brunsell were convicted for their respective roles in the death of Bruce Mortimer. Dempsey was found guilty of murder, while Brunsell was found guilty of manslaughter. Dempsey was sentenced to life imprisonment with a minimum non-parole period of 12 years, and Brunsell was sentenced to two years and eight months imprisonment. Dempsey was also issued with a strike warning under the three strikes regime. The Court considered the aggravating factors of the crime, such as the violence inflicted on Mortimer and the callousness and brutality of the attack, in determining the sentence for Dempsey. For Brunsell, the Court considered mitigating factors such as his youth, disturbed background, and lack of intent to cause serious harm in determining his sentence. The Court emphasized the importance of considering the law as a whole and how it should be interpreted and applied over time in making its sentencing decisions.

Orders