R v Irving - [2023] NZHC 946

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-004-7677

[2023] NZHC 946

THE KING

v

JONIERO JOE IRVING

Counsel:
R M Gibbs for Crown

L O Smith for Defendant

Sentenced:

27 April 2023

Charges:

Manslaughter

Plea:

Not Guilty

SENTENCING NOTES OF BREWER J

Solicitors/Counsel:
Meredith Connell (Auckland) for Crown Lorraine Smith (Auckland) for Defendant

R v IRVING [2023] NZHC 946 [27 April 2023]

Introduction

[1] Mr Irving, you were found guilty by a jury of the manslaughter of James Jenkins. I have to sentence you for that crime.

[2]The maximum penalty for manslaughter is life imprisonment.1

The facts

[3] On 7 October 2019, you were socialising with friends at the Andrew Andrew Bar at the Viaduct, located in Auckland Central. Mr Jenkins came to the same bar with his partner. At around 3.30 am he approached you and your friends, and had a brief conversation.

[4] You have never given any sort of account as to what happened during that conversation or what it was that motivated you in your later actions. But I am satisfied that there was some sort of history between you and Mr Jenkins which made him wary of you. I am satisfied that Mr Jenkins thought you might try to make him hand over to you jewellery he was wearing. Inside the bar, where you could not see him, he took off his Rolex watch and heavy gold necklace and slipped them into his partner’s handbag. But he kept on his two gold rings, each of which contained a gold Sovereign coin.

[5] Later, around 4 am, when Mr Jenkins and his partner were leaving, you saw Mr Jenkins outside. You began acting aggressively towards him. Mr Jenkins, already wary of you, decided to leave the area. He ran. You chased after him. Because of fear of you and your pursuit, Mr Jenkins decided to dive into the cold water of the harbour to get away from you. But you stalked and shadowed Mr Jenkins from the land. You were not alone. Your friend, Mr Pure, was with you.

[6] Mr Jenkins eventually swam to a nearby terminal. A ferry company employee, Ms Iizuka, heard him calling for help. She told him to swim towards a ladder leading up to the pier beside the ferry she was on. You had run around to that pier and you were waiting for him. Mr Jenkins climbed part-way up the ladder and remained there

1 Crimes Act 1961, ss 158 and 171.

for some time. During this period, Mr Karaitiana and Mr Singh, security guards, overheard you making various threats, including saying: “I’m going to fucking smash you, I want to fucking kill you”. CCTV footage shows you hiding behind various objects and looking at Mr Jenkins.

[7] Mr Jenkins eventually climbed up the ladder and went onto the ferry which Ms Iizuka was working on. You approached the ferry and tried to board it. Ms Iizuka tried…

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 Irving

Details

AGLC: R v Irving [2023] NZHC 946
Case: [2023] NZHC 946
Decision Date: 27 April 2023

CaseChat Overview and Summary

In the High Court of New Zealand, Auckland Registry, the case of The King v Joniero Joe Irving addresses the sentencing of Mr. Irving for the manslaughter of James Jenkins. Mr. Irving, found guilty by a jury, faced a maximum penalty of life imprisonment. The incident occurred on 7 October 2019, at the Andrew Andrew Bar in Auckland, where Mr. Jenkins, wary of Mr. Irving, had concealed his valuables. Mr. Irving's aggressive pursuit of Mr. Jenkins ultimately led to the latter's death after he drowned in the harbour. The court examined various legal issues, including the appropriate starting point for sentencing and whether any mitigating factors should be considered.

The court identified several aggravating factors, such as the significant fear caused by Mr. Irving's threats and pursuit, the prolonged nature of the threats, and the foreseeability of Mr. Jenkins' response. These factors led the court to set a starting point of five years and six months' imprisonment. However, the court also considered mitigating factors, such as Mr. Irving's background of cultural deprivation and his age at the time of the offence. Despite these mitigating factors, the court concluded that a significant discount was not warranted due to the deliberate nature of Mr. Irving's conduct and his financial motivation.

Ultimately, the court imposed a sentence of four years and eight months' imprisonment for the manslaughter charge, balancing the aggravating and mitigating factors in accordance with the law.

Orders