R v Duff - [2025] NZHC 1657

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2023-092-011184

[2025] NZHC 1657

THE KING

v

DONOVAN MICHAEL DUFF

Hearing: 18 June 2025

Appearances:

C P Howard for the Crown

S Tait, J Hudson, and D A Bousfield for the Defendant

Judgment:

18 June 2025

SENTENCING NOTES OF POWELL J

R v DONOVAN MICHAEL DUFF [2025] NZHC 1657 [18 June 2025]

[1] Donovan Duff, you appear for sentence today having pleaded guilty to the murder of Brian George at Kohuora Auckland South Corrections Facility in Wiri on 21 December 2023.1 You have also pleaded guilty to wounding with intent to cause grievous bodily harm to Po-Chen Chien in the same incident.2

The offending

[2] I begin your sentencing by summarising the offending that has brought you before the Court today. I rely on the version of events recorded in the summary of facts, which you agreed with at the time you pleaded guilty.3

[3] At the time of the offending you were working in the facility’s kitchen as a vegetarian cook. Mr Chien and Mr George worked as storemen.

[4] Midmorning, on 21 December, you signed a large cook’s knife out of its secure storage cabinet. It had a blade of approximately 20cm.

[5] At that time Mr Chien and Mr George were working in the loading bay, which is not visible from the kitchen. They were waiting for a door to be unlocked so they could move food to the external fridges. Mr Chien was standing up and leaning against a metal pole, while Mr George was sitting on a milk crate surrounded by other crates.

[6] You made an initial approach into the loading bay area before walking back towards the kitchen.

[7] About a minute later, you returned to the loading bay. This time you carried the knife in your right hand. You walked directly up to Mr Chien and stabbed him once in the abdomen. Mr Chien did not initially realise how serious the wound was and remained standing beside the pole he had been leaning on. You remained standing in front of Mr Chien, holding the knife, until Mr Chien first leaned against a wall for support before sliding down into a sitting position. Mr Chien could see his bowel

1      Crimes Act 1961, ss 167(a), (b) and 172. Maximum penalty: life imprisonment.
2      Crimes Act 1961, s 188(1). Maximum penalty: 14 years’ imprisonment.
3      Minute no 4 of Downs J.

spilling out from the wound in his abdomen. He was terrified and thought he may not survive.

[8] You started to walk out of the loading bay, however you did not leave. Instead, you turned and walked up to Mr George, who was still sitting down, whereupon you stabbed him six times in his chest and abdomen.

[9] The first stab wound was to his lower left abdomen. He put his arm around his stomach and attempted to move backwards to get away from you.…

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 Duff

Details

AGLC: R v Duff [2025] NZHC 1657
Case: [2025] NZHC 1657
Decision Date: 18 June 2025

CaseChat Overview and Summary

The case of R v Duff, heard on 18 June 2025, involved Donovan Michael Duff who pleaded guilty to the murder of Brian George and wounding Po-Chen Chien with intent to cause grievous bodily harm at Kohuora Auckland South Corrections Facility on 21 December 2023. The court was tasked with determining the appropriate minimum period of imprisonment (MPI) for Duff's second murder conviction, as well as sentencing for the wounding charge. The primary legal issue was the calculation of the MPI for Duff's second murder conviction, given the statutory requirement under s 104 of the Sentencing Act 2002 for a minimum 17-year MPI for repeat offenders. The court considered the submissions of both the Crown and Duff's defence counsel, examining factors such as premeditation, use of a weapon, extreme violence, and victim vulnerability. The court ultimately concluded that a 17-year MPI was both appropriate and necessary to fulfil the purposes and principles of sentencing, taking into account Duff's lack of remorse and high risk of reoffending.

The court found that the aggravating features of Duff's crime justified a 17-year MPI. It rejected Duff's counsel's argument that a lower MPI was appropriate, noting that Duff had no remorse and was a high risk of reoffending. The court also decided to impose an eight-year sentence for the wounding charge, to be served concurrently with the life sentence for murder. The judge emphasised the significance of Duff's prior convictions and the reactivated first strike warnings, which would impact any future offending.

Orders