R v Hunt - [2016] NZHC 881

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI-2015-087-885 [2016] NZHC 881

THE QUEEN

v

CAMERON HUNT

Hearing:
4 May 2016

(Heard at ROTORUA)

Appearances:

G Hollister-Jones and S Davison for Crown
G Tomlinson for Defendant

Judgment:

4 May 2016

SENTENCING REMARKS OF LANG J

R v HUNT [2016] NZHC 881 [4 May 2016]

[1] Mr Hunt, you appear for sentence today having pleaded guilty to a charge of manslaughter. That charge carries a maximum sentence of life imprisonment.

Background

[2] I take the facts of your offending from a summary of facts that the Crown has prepared. You, through your counsel, acknowledge the correctness of that summary.

[3] The incident that led to the charge occurred on 2 July 2015. On that day, you and your whangai brother, Barry, and two others began drinking at your address in Kawerau. You began drinking at about 12 noon and carried on drinking throughout the afternoon. By 5 pm you were drinking spirits. The alcohol ran out and you made a trip to the liquor store to purchase more boxes of alcohol. By this stage all members of your group were intoxicated. You continued drinking throughout the evening until you decided that you wanted to go to bed. Your brother Barry did not want you to go to bed, and an argument ensued. This led to physical blows being struck, at first in the kitchen area of the house, and then outside. Your cousin intervened in an effort to stop the fight. Barry then turned his attention to your cousin and began punching him.

[4] At this point you went over to the garage and picked up a large axe. This weighed 2.28 kilograms. You approached Barry and struck him once on the side of the head with the axe. This caused him to drop immediately to the ground in an unconscious state. When your cousin asked you why you had done this, you went around the side of the house where you dropped the axe and burst into tears.

[5] The ambulance was called and immediately transported Barry to hospital. Unfortunately, however, his injuries were unsurvivable. He died in the early hours of the next morning after never having regained consciousness. Fortunately, members of your family were able to be at Barry’s side when he died.

[6] You did not initially know that Barry had died. You were taken to the police station, where you were questioned. I accept your counsel’s description of the

interview and the frankness with which you answered the questions put to you by the police. You freely acknowledged your responsibility for the incident from the outset. When you were told that Barry had died, you immediately broke down and demonstrated the deepest possible grief.

[7] You told the police that Barry had first been fighting with you, and that he had then begun fighting with your cousin. At the time that you hit him with the axe, Barry was on top of your cousin punching…

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 Hunt

Details

AGLC: R v Hunt [2016] NZHC 881
Case: [2016] NZHC 881
Decision Date: 4 May 2016

CaseChat Overview and Summary

The case of R v Hunt was heard by Justice Lang in the High Court of New Zealand, Tauranga Registry. The defendant, Cameron Hunt, pleaded guilty to a charge of manslaughter, which carries a maximum penalty of life imprisonment. The incident occurred on 2 July 2015, when the defendant, after a day of drinking with family members, struck his brother with an axe, resulting in the brother's death. The court had to consider various legal issues, including the starting point for the sentence, the effect of the offending on the victims, and the personal factors that could either aggravate or mitigate the sentence.

In determining the starting point for the sentence, the court looked at comparable cases involving a single blow that caused death and concluded that the appropriate starting point was eight and a half years imprisonment. The court also considered the provocative acts of the victim, which led to a one-year reduction in the starting point. The court found that there were no aggravating factors personal to the defendant, but there were mitigating factors, including the defendant's deep remorse and willingness to take responsibility for his actions, as well as his early guilty plea. As a result, the court reduced the starting point by a total of two years seven months, resulting in a final sentence of five years and one month imprisonment.

The court's sentencing remarks highlighted the importance of accountability, deterrence, and denunciation in cases of serious offending. The court also emphasised the devastating impact of the defendant's actions on the victim's family and friends, who lost a loved one and will never be able to enjoy the future that he had with them. The court acknowledged the deep grief and remorse shown by the defendant and his family throughout the process. The final orders of the court were that the defendant was sentenced to five years and one month imprisonment on the charge of manslaughter.

Orders