R v Heke-Gray - [2019] NZHC 2841

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IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

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

CRI-2016-088-003220

[2019] NZHC 2841

THE QUEEN

v

JESSIE ARTHUR HEKE-GRAY

Hearing: 1 November 2019

Counsel:

M B Smith and C Taylor for Crown A B Fairley for Defendant

Sentence:

1 November 2019

[REDACTED] SENTENCING NOTES OF WHATA J

Solicitors: Marsden Woods Inskip Smith, Whangarei
Thomas Wilson, Whangarei

R v HEKE-GRAY [2019] NZHC 2841 [1 November 2019]

[1] Mr Heke-Gray, you face sentence on the following charges. First, male rapes female;1 second, five charges of unlawful sexual connection with a female;2 third, one charge of assault with intent to injure;3 fourth, three charges of threatening to kill and/or do grievous bodily harm;4 fifth, one charge of conspiring to pervert the course of justice (to which you pleaded guilty); 5 and, sixth, one charge of unlawfully carrying a firearm and possession of a restricted weapon.6

[2] As you will know, Mr Heke-Gray, the Crown seeks preventive detention. Therefore, I will sentence you as follows. First, I will outline the facts of your offending. Second, I will describe your personal circumstances. Third, I will refer to the victim impact statement. Fourth, I will assess what finite sentence should be imposed on you; and, finally, I will assess whether you should be subject to a sentence of preventive detention.

Facts

[3] I turn to the facts of your offending. This summary of facts is based on a summary provided by the Crown. I have also had the benefit of reviewing the victim’s EVI and her notes of evidence. Given the verdicts, I am content to proceed on the summary provided by the Crown which broadly reflects the victim’s account of what had happened.

[4] During September 2016, you and the victim in this matter met on Facebook. You made initial contact with the victim and from there you and the victim had conversations over Facebook. She subsequently arranged with you to travel from Wellington to Whangarei to meet with you.

[5] On Thursday, 13 October 2016, the victim arrived in Whangarei where she met with you. You instructed her to drive your car and gave her directions to a beach on the Whangarei Harbour. You then assaulted the victim, putting your hands all over her

1      Crimes Act 1961, s 128(1)(a) and 128B. Maximum penalty 20 years’ imprisonment.
2      Crimes Act 1961, s 128(1)(b) and 128B. Maximum penalty 20 years’ imprisonment.
3      Crimes Act 1961, s 193. Maximum penalty 3 years’ imprisonment.
4      Crimes Act 1961, s 306. Maximum penalty 7 years’ imprisonment.
5      Crimes Act 1961, s 116. Maximum penalty 7 years imprisonment.
6      Arms Act 1983, s 45. Maximum penalty 4 years’ imprisonment and/or fine not exceeding $5000.

face, squeezing her face, slapping her, pulling her shirt up and biting her stomach. You then inserted your fingers inside her genitalia and her anus.…

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 Heke-Gray

Details

AGLC: R v Heke-Gray [2019] NZHC 2841
Case: [2019] NZHC 2841
Decision Date: 1 November 2019

CaseChat Overview and Summary

In the High Court of New Zealand, Whata J sentenced Jessie Arthur Heke-Gray for multiple serious charges, including rape, unlawful sexual connection, assault with intent to injure, and threatening to kill. The court assessed the gravity of the offences, the defendant's personal circumstances, and the likelihood of rehabilitation. The defendant had a history of violent offending and had committed the crimes shortly after being released from an eight-year prison sentence. Despite the defendant's traumatic upbringing and systemic deprivation, the court found that his ongoing denial of the harm caused to the victim and his entrenched view of the victim's consent were significant factors against rehabilitation. The court imposed a sentence of preventive detention with a minimum non-parole period of imprisonment of seven years and six months, along with concurrent sentences for the other charges. The defendant was also subject to a strike warning for any future serious violence convictions.

Orders