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R v Halliday-Walters

R v Halliday-Walters

Case [2024] NZHC 520 12 March 2024

Attempted Murder

Use of a Weapon

Aggravated & Exemplary Damages

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IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2023-027-526

[2024] NZHC 520

THE KING

v

HAUKINO HALLIDAY-WALTERS

Hearing: 12 March 2024

Appearances:

G Kelly for the Crown

C Cull KC for the Defendant

Sentencing:

12 March 2024

SENTENCING NOTES OF WOOLFORD J

Solicitors: Marsden Woods Inskip Smith (Office of the Crown Solicitor), Whangarei Counsel: C Cull KC, Kaikohe

R v HALLIDAY-WALTERS [2024] NZHC 520 [12 March 2024]

Introduction

[1]Mr Halliday-Walters, you have pleaded guilty to the following charges:

(a)attempted murder;

(b)discharging a firearm with reckless disregard;

(c)unlawful possession of explosives (that is the ammunition);

(d)unlawful possession of a firearm; and

(e)possession of methamphetamine for supply.

[2] I gave a sentencing indication on 6 December 2023, and you pleaded guilty on the same day.

Factual background

[3] I set out the facts in full in the sentencing indication, a copy of which will be annexed to these sentencing notes. In short, you discharged a firearm approximately 20 times towards the victim. You said you were aiming the gun at the victim’s head “for an instant kill”. In aiming at the victim, shots hit a neighbouring house and people inside, including children, had to drop to the floor in fear of their lives. After your arrest, the Police located approximately 6.28 grams of methamphetamine in a range of small resealable bags and plastic containers in your bedroom. The Police also located 191 rounds of live ammunition of varying calibre.

Pre-sentence report

[4] The pre-sentence report states that you present with minimal criminal history, in total, two convictions relating to driving. The report writer identified offending- related factors as your use of violence, drug use and lifestyle. Your past trauma is deemed to have been a contributing factor to your actions. This encompasses family violence and harm to which you were subjected from an early age, both physical and

emotional. You cited this abuse from the victim as resulting in your offending, with the victim’s actions following the death of your sister as the “breaking point”.

[5] You reported that you have had long associations with drugs, starting from ages 13 or 14. The report writer identified the close relationship you have with your mother and grandmother and the support you have from your social worker, with whom you have been working since you were a student at Bay of Islands College and at whose home you resided while on EM bail.

[6] Your risk of reoffending is assessed as low, unless you return to a life of drug dealing and you have any subsequent contact with the victim. Your risk of harm to others is assessed as high, as you have had limited opportunity to address your drug use and violent behaviour, particularly your propensity to use firearms. The report writer recommends a sentence of imprisonment. Leave to apply for home detention could be considered.

Cultural report

[7] A cultural report has also been provided to me, authored by Messalena Reti. Your counsel,…

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 Halliday-Walters

Details

AGLC: R v Halliday-Walters [2024] NZHC 520
Case: [2024] NZHC 520
Decision Date: 12 March 2024

CaseChat Overview and Summary

The case of R v Halliday-Walters involved a defendant, Haukino Halliday-Walters, who pleaded guilty to multiple serious charges, including attempted murder, discharging a firearm with reckless disregard, unlawful possession of explosives, unlawful possession of a firearm, and possession of methamphetamine for supply. The incident, which occurred in Kawakawa, involved Halliday-Walters discharging a firearm approximately 20 times towards his father, aiming at his head, while others, including children, were present and had to take cover. The Crown argued for a starting point of five and a half years’ imprisonment for the lead charge of attempted murder, while the defence suggested a starting point of four years’ imprisonment. The court, after considering the gravity of the offending, its seriousness, and the risk to others, settled on a starting point of four years’ imprisonment for the attempted murder and related charges, and six months’ imprisonment for the methamphetamine charge to be served cumulatively.

The court granted a 25% discount for Halliday-Walters’ guilty plea, noting that the earliest opportunity for the plea was on 8 September 2023. The defence highlighted mitigating factors including Halliday-Walters’ youth, personal circumstances, remorse, and steps taken while on electronically monitored bail. The court acknowledged these factors, particularly the age-related neurological differences between young people and adults and the greater capacity of young people for rehabilitation, awarding a 15% discount for youth and a 10% discount for personal circumstances. Further discounts were given for remorse and rehabilitative steps, while minimal credit was given for time spent on electronically monitored bail due to breaches. Ultimately, Halliday-Walters was sentenced to one year and 11 months’ imprisonment, with leave granted to apply for home detention once a suitable address is identified.

Orders