R v Keil

Case [2024] NZHC 1777 2 August 2024

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IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CRI-2023-419-000050

[2024] NZHC 1777

THE KING

v

BRONSON TRUMAN KEIL

Appearances:
I Stewart for Defendant

A S C Alcock for the Crown

Sentenced:

2 August 2024

Charges:

Riotous damage (representative charge) Arson with risk to life (representative charge) Assault with a weapon (representative charge)

Plea:

Guilty

SENTENCING NOTES OF ANDERSON J

Solicitors:
Hamilton Legal, Crown Solicitor, Hamilton

R v KEIL [2024] NZHC 1777 [2 August 2024]

[1] Mr Keil you are for sentence on charges arising out of the riot that occurred at Waikeria Prison between 29 December 2020 and 3 January 2021.

[2]The charges are:

(a)a representative charge of riotous damage;1

(b)a representative charge of arson with risk to life;2

(c)a representative charge of assault with a weapon.3

[3] You accepted a sentence indication I gave on 6 March this year. I sentence you in accordance with that indication.

[4] Mr Keil, at the time of your sentencing indication I provided only the key information to give you the indication. So I make my full sentencing remarks now, as well as considering any discounts for additional mitigating factors that your counsel has sought on your behalf.

[5] In sentencing you I take into account the relevant purposes of sentencing of accountability, responsibility, deterrence, denunciation and public safety.4 There is a need to take account of the seriousness of the offending and culpability. Your counsel submits, and I accept, that the Court can and should still have some regard to the community as a whole in assisting in your rehabilitation and reintegration.

Facts

[6]I first set out the facts of your offending.

[7] You were part of the group with eight others who started the riot in the prison yard 116 at Waikeria Prison.

1      Crimes Act 1961, s 90.
2      Crimes Act 1961, s 267(1)(a).
3      Crimes Act 1961, s 201C(1)(a).
4      Sentencing Act 7 and 8.

[8] On the morning of 29 December 2020, an incident arose in the exercise yard when a prisoner refused to return disposable razors to a Corrections Officer. Ultimately a Corrections Officer advised that unless the two razors were surrendered all prisoners would return to their cells. You were one of several other prisoners who stated that you were not going anywhere and were ready to fight. This incident was subsequently resolved and the usual routine continued.

[9] Subsequently, a more hostile atmosphere developed. The nine participants then involved lit fires, ripped doors from hinges, and used them to get out of the yard, to access the roof. You were heard to say as you have just heard counsel for the Crown say, “that is what happens when you bring Pare prisoners to Waikeria.” You were also observed feeding items into a fire to keep it growing.

[10] The nine of you escaped to the roof. You were then actively involved in releasing an additional eight prisoners who were housed in upper levels of the prison.…

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 Keil

Details

AGLC: R v Keil [2024] NZHC 1777
Case: [2024] NZHC 1777
Decision Date: 2 August 2024

CaseChat Overview and Summary

In the High Court of New Zealand, Bronson Truman Keil was sentenced for his involvement in a riot and arson at Waikeria Prison, which took place between 29 December 2020 and 3 January 2021. Keil was charged with riotous damage, arson with risk to life, and assault with a weapon. He pleaded guilty and accepted a sentence indication given by the court. The legal issues involved determining the appropriate starting point for sentencing, considering aggravating and mitigating factors, and arriving at a sentence that reflected the purposes of sentencing.

The court first established a starting point for the charges, considering the severity of the damage, the risk posed to lives, and the need for deterrence in prison settings. The court noted the unprecedented scale of the riot, with 17 prisoners involved, multiple fires set, and significant property damage estimated to exceed $50 million. The court applied a starting point of nine years and nine months for the arson charge, with an additional uplift of one year and nine months for the other charges, resulting in a combined starting point of 11 years and six months. The court rejected any uplift for previous convictions, as they were unrelated to the current charges. Regarding mitigating factors, the court accepted a 15% discount for Keil's guilty plea, despite the late timing, and an additional 15% discount for his personal background and prospects for rehabilitation. This resulted in an overall reduction of 30% from the starting point, leading to a final sentence of eight years' imprisonment, with all sentences running concurrently.

The court sentenced Bronson Truman Keil to eight years' imprisonment on the charge of arson with danger to life and four years on each of the other two charges, with all sentences running concurrently. The court also discharged Keil on the remaining charges arising from the Waikeria prison riot under section 147 of the Criminal Procedural Act 2011.

Orders