R v Gideon - [2015] NZHC 2333

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2015-054-001462 [2015] NZHC 2333

THE QUEEN

v

ALEX EMILE GIDEON

Counsel:
E M FitzHerbert and M J R Blaschke for Crown

O S Winter for Prisoner

Sentence:

25 September 2015

NOTES ON SENTENCE OF COLLINS J

Introduction

[1] Mr Gideon, this morning I am sentencing you in relation to one charge of manslaughter1 and one charge of unlawful possession of a pistol.2 You pleaded guilty to those charges on 25 August 2015.

[2] In sentencing you I shall:

(1)Give you the first strike warning which I am required by law to give you.

(2) Explain your offending.

(3) Discuss the impact of your offending upon your family.

1 Crimes Act 1961, s 177(1). Maximum penalty is life imprisonment.
2 Arms Act 1983, s 45(1). Maximum penalty is four years’ imprisonment.

R v GIDEON [2015] NZHC 2333 [25 September 2015]

(4) Examine your personal circumstances.

(5) Set out the starting point to your sentence.

(6) Examine the possible adjustments to the starting point. (7) Explain your sentence.

First strike warning

[3] I am required to give you a first strike warning. A copy of what I am about to say will be made available to you later today. Your conviction for manslaughter today constitutes a stage 1 offence for the purposes of s 86B of the Sentencing Act
2002. From this point if you commit another serious violent offence except murder, you will receive a final warning. Furthermore, if you receive a sentence of imprisonment for that offence other than a sentence of life imprisonment for manslaughter or preventive detention generally, you will serve that sentence without parole. If you are convicted of murder you will be sentenced to life imprisonment, which you will have to serve without parole unless this would be manifestly unjust. If serving that sentence would be manifestly unjust the Judge must specify what minimum period of imprisonment you would serve. I reiterate this warning will be provided to you later in writing and if you have any questions I am sure others will be able to explain what I have just said to you.

Your offending

[4] Your victim was your brother, Tyrone. He was 21 years old at the time he died.

[5] On 19 May 2015 you were at home with your brother. There were several other members of your family present in the house, many of whom were waiting for benefit payments to be made to enable them to buy dinner. Your brother had arrived in Palmerston North the day before to visit your family. That afternoon, an associate of yours brought to the house a double-barrelled sawn-off shotgun with three shotgun cartridges. You and Tyrone were handling the gun and considered buying it

from the associate. The associate left the address and left the gun and ammunition with you.

[6] You and your brother then loaded the gun with two cartridges. Between

6.34 pm and 6.38 pm the two of you took…

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 Gideon

Details

AGLC: R v Gideon [2015] NZHC 2333
Case: [2015] NZHC 2333
Decision Date: 25 September 2015

CaseChat Overview and Summary

In the High Court of New Zealand, Collins J sentenced Alex Emile Gideon to imprisonment after he pleaded guilty to manslaughter and unlawful possession of a pistol. Gideon had accidentally shot and killed his brother with a double-barrelled sawn-off shotgun while posing for photographs. The court had to determine the appropriate sentence for these serious charges, taking into account various factors including Gideon's culpability, age, remorse, and previous offending.

The legal issues before the court involved assessing the appropriate starting point for Gideon's sentence, considering comparable cases, and making adjustments for both aggravating and mitigating factors. The court considered Gideon's culpability as high due to his grossly reckless actions in handling the firearm. However, mitigating factors such as his young age, genuine remorse, and guilty plea were taken into account. Ultimately, the court imposed a sentence of two years and nine months' imprisonment for manslaughter, to be served concurrently with an 18-month sentence for unlawful possession of a pistol. This decision aimed to hold Gideon accountable, promote a sense of responsibility, and assist in his rehabilitation while adhering to the principles of the Sentencing Act 2002.

In conclusion, Collins J imposed a sentence of two years and nine months' imprisonment for manslaughter, to run concurrently with an 18-month sentence for unlawful possession of a pistol. The court quashed the existing supervision order in light of the new sentence. The judgment emphasised the importance of upholding the law while considering Gideon's personal circumstances and the impact of his offending on his family.

Orders