R v Harper-Brown - [2023] NZHC 2566

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2022-096-856

[2023] NZHC 2566

THE KING

v

BRADLEY HARPER-BROWN

Hearing: 14 September 2023

Appearances:

G J Burston for the Crown

C J Nicholls for the Defendant

Judgment:

14 September 2023

SENTENCING OF COOKE J

[1] Bradley Harper-Brown you are now to be sentenced as a result of your guilty pleas to one charge of aggravated burglary1 and one charge of aggravated wounding.2

[2]In order to explain your sentence I will address three matters:

(a)First I will describe the facts of the offending.

(b)Secondly I will outline the approach that is taken in assessing a starting point for offending of that kind.

1 Crimes Act 1961, s 232(1) and 66; maximum penalty of 14 years’ imprisonment.
2 Section 191(1)(a) and 66; maximum penalty of 14 years’ imprisonment.

R v HARPER-BROWN [2023] NZHC 2566 [14 September 2023]

(c)Finally I will address discounts from that starting point arising from your guilty plea and other matters personal to you given the information now available.

The offending

[3] First the facts. On 10 January 2022 you and another person I will call Mr H were selling ecstasy through connections with the Mongrel Mob. You were a newly patched member of the Mob. Mr H was not a member.

[4] The two of you arranged to meet Akynn Eady to sell him drugs. Akynn Eady and his associates were members of the Crips gang. When you met up in the Hutt Valley near the Haywards Interchange Mr Eady and his associates produced weapons and robbed you and Mr H.

[5] You then began to plan retaliation. Mr H and yourself obtained Mr Eady’s address in Upper Hutt from an associate of Mr H.

[6] At about 8.30 in the evening you then met up with Mongrel Mob member Justin McGoldrick at the Z Mana Esplanade petrol station. You discussed what you would do. You then travelled to your address and were joined by another Mob member Teimana Tawhai. You then drove to an unknown location where you obtained a 12 gauge shotgun wrapped in a white sheet. You then returned to your address at approximately 9.35 pm.

[7] Mr H then contacted Mr S and asked Mr S to return to you his Toyota vehicle. Mr S duly did so at approximately 10.00 pm. The shotgun was placed in the rear of the Toyota. After dropping off another vehicle your group then made its way to Mr Eady’s address in the Toyota, after first stopping off at Z Energy on Mana Esplanade. Mr S was driving.

[8] You arrived at Mr Eady’s address at just after 11.00 pm where Mr Eady was hosting a birthday party. Messrs McGoldrick, Tawhai and yourself got out of the car leaving Mr H and Mr S inside. Mr McGoldrick entered the house followed by you and Mr Tawhai. An occupant walked towards the front of the house to investigate

what was going…

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 Harper-Brown

Details

AGLC: R v Harper-Brown [2023] NZHC 2566
Case: [2023] NZHC 2566
Decision Date: 14 September 2023

CaseChat Overview and Summary

In the High Court of New Zealand, Bradley Harper-Brown was sentenced for his involvement in aggravated burglary and aggravated wounding. The court heard that Harper-Brown, a member of the Mongrel Mob, had participated in a drug deal with members of the Crips gang, which ended in his robbery. In retaliation, Harper-Brown, along with accomplices, planned to attack a member of the Crips gang, firing a shotgun during the incident and causing serious injury. Harper-Brown pleaded guilty to the charges.

The court was required to determine the appropriate starting point for sentencing, considering the nature of the crimes and the aggravating factors involved. The court also had to assess mitigating factors such as Harper-Brown's guilty plea, his background of social and cultural deprivation, mental health issues, and his remorse. The court acknowledged that Harper-Brown's upbringing and exposure to violence had influenced his criminal behaviour, but also noted his ongoing association with the gang and his lack of a viable rehabilitative approach outside of prison.

The court decided that the appropriate starting point for Harper-Brown's involvement was eight years imprisonment, taking into account the planning and premeditation, use of a weapon, number of participants, and the home invasion at night. After applying discounts for his guilty plea, social and cultural deprivation, mental health, and remorse, as well as his youth, the total discount amounted to 45%. Consequently, Harper-Brown was sentenced to four years and four months imprisonment on each charge, to be served concurrently.

Orders