ORDER PROHIBITING PUBLICATION OF THIS JUDGMENT UNTIL FINAL DISPOSITION OF TRIAL OF MR TE TOMO. PUBLICATION IN
LAW REPORT OR LAW DIGEST PERMITTED.
IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY
CRI-2014-076-000781 [2017] NZHC 651
THE QUEEN
v
OLIVIA TOBY FRANCES LUCAS AND
VERDUN ASHLEY PERRY
Hearing: 5 April 2017 Appearances:
A McRae for the Crown
R Glover & D Brown for the Defendant Lucas
S Bailey for the Defendant PerryDate:
5 April 2017
SENTENCING REMARKS OF NATION J
[1] Mr Perry, Miss Lucas, I must now sentence you following your convictions for a manslaughter and assault with intent to rob.
[2] The person who died as a result of your offending was Arran Gairns. At the time of his death, he was 34 years old. He was loved by his partner, his parents, his immediate family and his friends. I have carefully read and heard the victim impact reports.
[3] I acknowledge how much of an ordeal the long wait for the trial and the trial itself would have been for all of you. Your victim impact reports eloquently express
your profound sense of loss, the ongoing sense of sadness which will remain with
R v LUCAS & PERRY [2017] NZHC 651 [5 April 2017]
you as you are reminded again and again of what you are not able to share with him and also your understandable anger at what these people did which, as Arran’s father said, “sadly cost AJ his life”.
[4] On the night of Friday 30 May 2014, Mr Gairns travelled to Christchurch and obtained a modest quantity of methamphetamine, mainly for his own use. When he returned to Ashburton, he needed to on-sell some of what he had acquired to help pay for it. One of the people he contacted over this was you Miss Lucas. In the early hours of the morning, around 1.00 am, you arranged to pick him up. You took him to his father’s workshop area. At night it was a secluded place where Mr Gairns used to go when using methamphetamine. It was near the main road through Ashburton, the Millstream and the flood overflow area where he ultimately met his death.
[5] At that spot, you Miss Lucas and Mr Gairns shared some of the methamphetamine that he had brought back. You talked about how you could sell more of that methamphetamine, splitting some of it with a cutting substance to make it go further. While with him, Miss Lucas, you were sending texts to others to see if they might be interested in buying some meth. You also texted Stacey Curtis and indicated you knew Mr Gairns was very much affected by the P he had smoked – in a text, you described him as “frizzled”. Miss Lucas, you knew that, when Mr Gairns was like this, he was intensely fearful and suspicious of others, paranoid was the way you described him.
[6] Miss Lucas, you agreed with Mr Gairns that you would go and…
Continue reading R v Lucas
Sign in free to access the full text
- AGLC
- R v Lucas [2017] NZHC 651
- Case
- [2017] NZHC 651
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.