R v Goodson

[2018] NZHC 3155

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2017-004-1086

[2018] NZHC 3155

THE QUEEN

v

CARLY JADE GOODSON

Hearing:

3 December 2018

Counsel:

H Steele for Crown

R Keam for Defendant

Judgment:

3 December 2018

SENTENCING NOTES OF WHATA J

Solicitors:           Meredith Connell, Auckland

R v GOODSON [2018] NZHC 3155 [3 December 2018]

[1]                 Ms Goodson, you were found guilty of the following charges - demanding with intent to steal; kidnapping; and dishonest use of a document.

[2]                 The maximum sentence you face is for demanding with intent to steal, namely 14 years. But the Crown accepts that, having regard to the facts of your offending, the lead charge is properly one of kidnapping. The maximum sentence for that is seven years.

Facts

[3]                 I turn to the facts of your offending. In the early hours of 15 January 2017, you met up with Ms Robertson, a co-defendant, and the victim. After visiting the victim’s apartment, the three of you travelled to a motel in Newmarket. Ms Rudolph, another co-defendant, was already there. Shortly after arriving there, you and the victim went into one of the bedrooms. He agreed to pay you for sexual services. While you were in the room, Mr Hegotule burst into that room brandishing a knife. He, together with Ms Robertson and allegedly Ms Rudolph, demanded the victim transfer a considerable sum of money into a bank account belonging to your sister. The money was not transferred, although the victim’s wallet was taken.

[4]                 At about this time, the  victim  tried  to  make  his  escape.  As  he  did  so, Mr Hegotule struck him to the head, causing him to momentarily black out. The victim was then tied up and left in the bedroom. He was clearly injured, with blood flowing from the injury caused by Mr Hegotule’s blow. Before departing the motel with Mr Hegotule, you went into the room, said you were sorry and that you had not meant for this to happen. You placed a pillow under the victim’s head. Ms Robertson, and it is alleged, Ms Rudolph, then drove to several ATM machines and withdrew money using the victim’s bank cards.

[5]                 The victim managed to free himself and alert other motel users who then alerted the police. He suffered a fractured eye socket, a fractured nose and bruising, as well as cuts to his wrists. $2,800 was taken from his accounts.

Personal circumstances

[6]                 As to your personal circumstances, I have had the benefit of letters from your aunts about your background and I’ve heard from your aunt today. Ms Goodson, you are 35 years of age. Your mum passed away when you were young and, it appears, your father did not step up and you were left then in the care of your young aunt who could not cope with you at that time. You were taken into State care and, by the time you were 16, you lived independently. You were, however, not idle. You worked in various jobs and you gained qualifications in both catering and engineering. You married and, at some stage, you moved to Auckland. When your relationship ended I understand a few years ago, you then entered into the sex industry. However, you recently gained employment in a transport company. But, for reasons I will later explain later, that employment has since stopped.

[7]                 You have many convictions, though mainly for relatively minor matters. In February this year, however, you were imprisoned on charges involving methamphetamine, cannabis resin and cannabis, as well as unlawfully carrying an imitation firearm.

[8]                 Most recently, you breached your EM bail pending this sentence. Ordinarily that would be an aggravating factor for this sentencing. But, on your evidence, which is not challenged, you have a very good reason for absconding. A former violent partner found you at the EM bail address on 9 October 2018. When you refused to let him stay with you, he physically abused you over several hours, leaving you with severe bruising. You managed to escape the next morning. You did not alert police as you did not want to go to prison in a distressed state. You later rang the officer in charge of this matter to tell her what happened and, on 31 October 2018, the then date of your sentencing, you handed yourself into the police. I therefore take a neutral approach to this breach.

[9]                 The PAC report writer initially recommended home detention, but now that you do not have a suitable address, recommends prison with the option to apply for home detention.

Assessment

[10]              I turn to your sentence. I must identify a starting point for your sentence. This will focus on the seriousness of the offending and your role in it. I will then examine any mitigating features of the offending and of you personally. These may reduce the starting point. I will then fix a term of imprisonment. If this term is two years or less, I will consider your eligibility for home detention.

[11]              The Crown referred to the sentences  handed  down  to  Ms  Rudolph  and  Mr Hegotule for fixing start points. But, unlike you, both those defendants were convicted on charges of aggravated robbery. That is significant because the aggravated robbery was the lead and clearly the most serious charge they faced. While you also face sentence on demanding with intent to steal, which also attracts a maximum sentence of 14 years, it is clear that your role in it was very small. Indeed, the victim had no recollection whatsoever of you making any demand. As the Crown accepts, the lead charge is properly that of kidnapping.

[12]              As to start points for kidnapping, kidnapping with high levels of intimidation, involving multiple defendants and/or physical violence and/or other serious offending will often attract starting points in the range of two and half years to three and half years.1 There are instances of substantially higher or lesser sentences for this type of offending.

[13]              For my part, the present kidnapping, with its associated offending, levels of intimidation (including the demanding) and violence falls into the above range. However, your relatively minor role (and non-existent role in relation to the assault of the victim) in the offending means that the start point for the kidnapping should be at the bottom end of this range, that is, two years and six months. There should also be a distinct uplift for the dishonest use of a document offending associated with, of course, the demand. Again, because your role was so small, and because this offending formed part of the overall kidnapping, a relatively modest uplift of three months is sufficient, in my view. This means a start point of two years nine months is appropriate.

1      R v Blom [2017] NZHC 827 at [43].

[14]              As to mitigating factors, the compassion you showed for the victim is, in my view, a mitigating factor of the offending. This was not lost on the victim and is not lost on me. Your difficult upbringing, and episodes of abuse that you have suffered, form the background to your criminality. Regrettably, that same criminality is a reason for caution about you. However, your capacity to rehabilitate – you have shown an ability to overcome adversity in the past and to better yourself – suggest that you could be a viable candidate for a rehabilitative sentence. I note in this regard today that you have the support of your family and, in particular, your aunt. That is significant to me because that suggests that I have every reason for hope in terms of your reintegration into society with their support. Overall, therefore, I am prepared to give you the benefit of the doubt. I will discount your start point by 15 per cent - to reflect as I said, your compassion for the victim, your very difficult upbringing, and to recognise the support you have from your family and the contribution that that will inevitably make to your rehabilitation.

[15]              I have read your letter today expressing remorse in unfettered terms. While I accept that you are now remorseful and I accept that you now very much regret what has happened, I will not allow a further discount for remorse, given the substantial discount that I have already allowed. As noted, I am neutral about your breach of the EM bail given the circumstances. You are therefore entitled to a discount of four months for the time spent on EM bail, as suggested by the Crown.

[16]              Accordingly, I sentence you to 24 months’ imprisonment, comprised of a 33- month starting point, a 5-month discount for personal mitigating factors and a 4-month discount for time on EM bail.

[17]               You are eligible for home detention and, if a location were available, I would grant it for the following reasons:

(a)As the victim acknowledged, your role in the offending overall was very minor and you were compassionate, in circumstances when there was no need to be;

(b)You, in reality, present a low risk of future similar offending;

(c)You have demonstrated a strong capacity to overcome adversity; and

(d)Perhaps most importantly, you have clearly the support of your family and, as I have said, that bodes well for your rehabilitation.

(e)Finally, I should note, you absconded previously in extreme circumstances that had nothing to do with you.

[18]              I acknowledge the fact that there has been a spate of recent offending by you. But I think that reflects an isolated spate of offending and I should not hold that against you for the purposes of the grant of home detention.2 I am also prepared to acknowledge that you were caught up in something that you were not fully anticipating.

[19]              In any event, Ms Goodson, please stand. I sentence you to 24 months’ imprisonment on the kidnapping charge. You are sentenced to 12 months’ imprisonment on the remaining charges, to be served concurrently.

[20]              I grant you leave to apply for home detention if a suitable location can be found. Please stand down.

2 I have added the word “But” to the verbatim transcript.