R v Hall - [2024] NZHC 4015

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2023-088-1317

[2024] NZHC 4015

THE KING

v

LANCE HALL

Hearing: 17 December 2024

Appearances:

B M O’Connor for the Crown C Taylor for the Defendant

Judgment:

17 December 2024

SENTENCING NOTES OF POWELL J

R v LANCE HALL [2024] NZHC 4015 [17 December 2024]

[1] Lance Hall, you appear for sentence today having been found guilty by a jury of the murder of Jason McNae (“Jason”) on 19 June 2023.1 The jury also found you guilty of the common assault of Codi Rudolph (“Codi”)2 and threatening to kill or do grievous bodily harm to Courtney Rapata, (Courtney)3 before and immediately after you stabbed Jason.

The offending

[2] I begin your sentencing by summarising what happened to bring you before the Court today. I rely on the evidence that was presented in the course of your trial and in particular the extensive CCTV footage available which everybody in this Court has seen. At the suggestion of counsel, I have reviewed the CCTV footage again carefully prior to your sentencing.

[3] The offending took place at a block of flats in Anzac Road in Morningside, Whangarei. You had been staying in one of the flats. When you were asked to leave, sometime around May 2023, Codi took you in as he had a spare room. Things did not work out. Somewhere around 12 June Codi had asked you to leave, but you were allowed to stay after your girlfriend intervened and promised to pick you up a week later.

[4] On the afternoon of 19 June 2023, a number of the residents of the flats were socialising in the central garage area. You and Codi had a misunderstanding about the access card to the flat. He had thrown it down to you, but you claimed not to have seen it. After a while, Codi came downstairs to see if you had found the access card and you punched him in the head and were behaving aggressively.

[5] This was the last straw for Codi. He contacted his ex-partner, Courtney, initially to get somebody else to help get you out of the flat but in the course of the conversation, Courtney agreed that she and her partner Jason together with Courtney’s sister Kelly Rapata (“Kelly”) and Boston Tahitahi (“Boston”), the partner of one of Courtney and Kelly’s sisters, would come round to help Codi.

1      Crimes Act 1961, s 172. Maximum penalty: life imprisonment.
2      Crimes Act 1961, s 196. Maximum penalty: one year imprisonment.
3      Crimes Act 1961, s 306. Maximum penalty: seven years’ imprisonment.

[6] At around 5.30 pm, they left their home in a car and drove to the Anzac Road flats. Jason was driving. I accept the evidence of those in the car, which is consistent with the wider evidence available, that they did not have any intention to beat you up and they went to provide support for Codi.

[7]…

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 Hall

Details

AGLC: R v Hall [2024] NZHC 4015
Case: [2024] NZHC 4015
Decision Date: 17 December 2024

CaseChat Overview and Summary

The High Court of New Zealand, Auckland Registry, presided over by Justice Powell, delivered judgment in the case of The King v Lance Hall on December 17, 2024. Lance Hall was convicted of the murder of Jason McNae, the common assault of Codi Rudolph, and threatening to kill or cause grievous bodily harm to Courtney Rapata. The court was tasked with determining an appropriate sentence for these offenses, particularly focusing on the minimum period of imprisonment (MPI) for the murder charge.

The legal issues before the court included the identification of aggravating and mitigating factors for sentencing, the appropriate MPI under the Sentencing Act 2002, and the sentencing for the lesser offenses. The Crown argued for a higher MPI due to factors such as the use of a weapon, premeditation, and cruelty in the aftermath of the stabbing. In contrast, the defense advocated for a lower MPI, suggesting the offense was reactionary and not premeditated, and highlighting the defendant's remorse.

Justice Powell considered the evidence presented, including extensive CCTV footage and victim impact statements. The court found several aggravating factors, including the use of a weapon, premeditation, and the defendant's aggressive and obstructive behavior after the stabbing. The court rejected the defense's arguments for a lower MPI, emphasizing the unprovoked nature of the attack and the defendant's lack of genuine remorse. The court determined an MPI of 13 years for the murder, with additional sentences for the assault and threat charges, to be served concurrently.

In summary, the court sentenced Lance Hall to life imprisonment for the murder of Jason McNae, with a minimum period of imprisonment of 13 years, 18 months for threatening to kill or cause grievous bodily harm to Courtney Rapata, and four months for the assault on Codi Rudolph, all to be served concurrently.

Orders