R v Jefferson - [2025] NZHC 3462

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2025-063-949

[2025] NZHC 3462

THE KING

v

MARK KELVIN JEFFERSON

Hearing: 11 November 2025

Appearances:

A Gordon for Crown A Hill for Defendant

Sentence:

11 November 2025

SENTENCING NOTES OF BECROFT J

Solicitors/Counsel: Gordon Pilditch, Rotorua A Hill, Rotorua

R v JEFFERSON [2025] NZHC 3462 [11 November 2025]

Charges

[1] Mr Mark Kelvin Jefferson you appear today for sentence for the manslaughter of Mr Stuart Maxwell Stobie.1 I am also sentencing you for two additional charges connected to the fatal incident being:

(a)Unlawful possession of a firearm;2 and

(b)Unlawful hunting.3

[2]I say two things by way of introduction.

[3] First, as has been explained Mr Jefferson, manslaughter carries with it the fact of the death of another human being by an unlawful act but without any intention to kill. As you have been in tears throughout most of this sentencing, your acceptance of that charge is clear.

[4] The second thing to say is that it is appropriate that I acknowledge that a life has been lost. Nothing said today of course can bring Mr Stobie back to his family and community. I acknowledge his family, his whānau, his relatives and supporters here today. I just want to emphasise what Mr Hill said. Despite all the submissions as to starting points and mitigating factors and percentage allowances, no value in terms of years, can be ascribed to Mr Stobie’s life.

Facts

[5] At 10.00 pm on the evening of 20 March 2025, Mr Jefferson, you and Mr Stobie travelled by quadbike into Timberlands Ltd forestry land. This is about 7 km west of Minginui in the central North Island.

1      Crimes Act 1961, ss 160(2)(a), 171 and 177. Specifically, it is alleged that by an unlawful act, namely carelessly using a firearm, Mr Jefferson caused the death of Mr Stuart Maxwell Stobie and thereby committed manslaughter.
2      Arms Act 1983, s 45(1). Maximum penalty of four years’ imprisonment.
3      Wild Animal Control Act 1977, ss 8(2) and 39(1). Maximum penalty of two years’ imprisonment.

[6] You carried a .308 calibre bolt-action Tikka rifle, equipped with a thermal scope for hunting at night. The rifle belonged to Mr Stobie.

[7] Mr Stobie held a current firearms licence. You did not hold a firearms licence. You had not held a firearms licence since your previous licence expired in April 2008. Police information suggests they would have opposed any renewal due to your firearms history and drug use.

[8] Hunting in forests managed by Timberlands Ltd is only allowed with a valid permit, during daylight hours and in the hunting season between May and September. Accordingly, you would not ever have been permitted to hunt in the forest in the circumstances: you were not within approved months and outside daylight hours.

[9] At approximately 1.00 am on 21 March 2025, you sighted two deer running from the road into the bush or forest. You dismounted…

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 Jefferson

Details

AGLC: R v Jefferson [2025] NZHC 3462
Case: [2025] NZHC 3462
Decision Date: 11 November 2025

CaseChat Overview and Summary

Mark Kelvin Jefferson appeared before the High Court of New Zealand at Rotorua, presided over by Justice Becroft, to be sentenced for the manslaughter of Stuart Maxwell Stobie, as well as charges of unlawful possession of a firearm and unlawful hunting. The tragic incident occurred on 21 March 2025, when Jefferson, while hunting with Stobie, mistakenly shot Stobie with a.308 calibre bolt-action Tikka rifle, thinking he was a deer. The court heard that Jefferson was fatigued and had consumed cannabis prior to the incident, and he was not under the supervision of a licensed firearms holder, nor did he possess a valid firearms licence or hunting permit. Jefferson initially lied to the police about the circumstances of Stobie's death.

The court identified several aggravating factors, including Jefferson's failure to properly identify his target, his lack of a firearms licence, unlawful hunting, consumption of cannabis, and providing a false account of the incident. These factors led the court to set a starting point of five years and three months imprisonment for the manslaughter charge, with additional modest uplifts for previous firearm-related convictions. Mitigating factors included Jefferson's early guilty plea, genuine remorse, participation in restorative justice, and his struggles with depression and anxiety post-incident.

After balancing the aggravating and mitigating factors, the court sentenced Jefferson to three years imprisonment, with concurrent nominal sentences of 18 months for unlawful possession of a firearm and one year for unlawful hunting. The court emphasized the importance of firearms safety and compliance with hunting laws to prevent such tragedies in the future.

Orders