R v Dixon - [2021] NZHC 3490

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2020-063-2105

[2021] NZHC 3490

THE QUEEN

v

RICKYLEE DIXON

Hearing: 16 December 2021

Appearances:

A McConachy and S J Bird for Crown A Hill for Defendant

Judgment:

16 December 2021

SENTENCING REMARKS OF LANG J

Solicitors:
Crown Solicitor, Rotorua

R v DIXON [2021] NZHC 3490 [16 December 2021]

[1] Ms Dixon, at 37 years of age you appear for sentence today on three charges of causing grievous bodily harm with intent to do so, one charge of wounding with intent to cause grievous bodily harm, two charges of kidnapping, two charges of participating in an organised criminal group and one charge of blackmail.

[2] The maximum sentences for the most serious of those, namely the kidnapping and charges relating to causing or wounding with intent to cause grievous bodily harm, are 14 years imprisonment. The other charges have lesser sentences.

[3] You pleaded guilty to these charges after I gave you a sentence indication on 7 October 2021.1 I base my sentencing remarks on the sentence indication. They will form part of the sentencing notes and will be attached to my sentencing remarks.

The facts

[4] You are to be sentenced on the basis of a summary of facts that was prepared for the sentence indication hearing. This revealed that you were the ringleader of a group of people who kidnapped a female victim on two separate occasions. On each occasion she was beaten severely both by you and others in the group. The purpose of this was to extort sums of money from the victim’s father. All the offending arose from the fact that the victim drove you to Court one day in your car. You obviously believed you would not be remanded in custody but that is what happened. As a result the victim was left to look after your vehicle.

[5] When you were released from custody you discovered that some methamphetamine you had stored in the vehicle had disappeared. You got it into your head that the victim had stolen it. You then set about organising a means by which you could get compensation for the fact that she had stolen methamphetamine from you. This led to the two incidents that have resulted in the charges for which you appear for sentence today.

The incident on 12 September 2020

1 R v Dixon [2021] NZHC 2679.

[6] The first incident began at approximately 4 am on 12 September 2020. On that date you sent two male associates round to the victim’s house. They entered the house and went to her bedroom. They then literally dragged her out of the bed. When she resisted, one of them pointed an imitation firearm at her and she believed this to be real.

[7] The two men then drove the victim to your address. You contacted her father and told him to bring money to the address to obtain the safe…

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 Dixon

Details

AGLC: R v Dixon [2021] NZHC 3490
Case: [2021] NZHC 3490
Decision Date: 16 December 2021

CaseChat Overview and Summary

In the High Court of New Zealand, Ms. Rickylee Dixon was sentenced for multiple charges including causing grievous bodily harm with intent, kidnapping, and participating in an organised criminal group. The court heard that Dixon led a group that kidnapped a victim on two separate occasions, resulting in severe physical harm to the victim. The incidents were motivated by a belief that the victim had stolen methamphetamine from Dixon, leading to extortion attempts. The court had to determine the appropriate sentence considering the gravity of the crimes, the premeditation involved, and the extensive injuries inflicted on the victim. Dixon had a history of violence and drug abuse, factors which were considered during sentencing. After evaluating both aggravating and mitigating factors, including Dixon's upbringing in an environment of violence and substance abuse, the court determined an effective sentence of nine years and six months, to be served concurrently. The court emphasized the importance of rehabilitation and the challenges Dixon would face upon release.

Orders