R v Marsh - [2021] NZHC 2804

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2020-009-002165

[2021] NZHC 2804

THE QUEEN

v

JUAN ISSACS MARSH CURTIS TAILA WEALLEANS

Hearing: 19 October 2021

Appearances:

K White for the Crown

P B McMenamin for the Defendant Marsh C M Ruane for the Defendant Wealleans

Date:

19 October 2021

SENTENCING REMARKS OF NATION J

[1] I will begin my remarks by thanking those who have provided victim impact reports, especially those who were able to read the reports in Court. It is important for me, as the Judge, just to be reminded how a crime like this has affected people. But it is also very important that both these defendants heard what you had to say about how your family has suffered.

[2] In this case, both Mr Wealleans and Mr Marsh have obtained reports referring to their background, their family background, the way that they each suffered through various things that happened in the past. They are asking for the Court to take those matters into account in the sentence that I have to impose. Well, Mr Marsh and Mr Wealleans, you have heard how your actions have impacted on Brendon Ross’s family

R v MARSH & WEALLEANS [2021] NZHC 2804 [19 October 2021]

in ways that they are going to have to carry with them for the rest of their lives. They won’t be asking for a credit from a Judge because of those matters. You are able to ask for a credit in the situation you are in. But, just bear in mind that your asking for consideration of the way you suffered in various respects at the early stages of your life, just think how this family have suffered as a result of your actions.

[3] I want to say to you and especially to the family that you need to understand that the lawyers have provided me with a considerable amount of written material that I have already considered and have had time to think about. A probation officer has spoken to each of these men and has provided me with information about that. You have heard that special reports have been obtained for each of them. So, I have had time to carefully consider what I must do but obviously I am assisted also by having my attention drawn to the matters that you heard referred to me today.

[4] Brendon Ross had, for at least a year, lived in a third floor unit of a Kāinga Ora housing complex in Christchurch. A close friend of his, Mr Parker, lived in a second floor unit. Over months, there was some sort of ongoing feud between Mr Ross, Mr Parker and a Ms Kim Fisher who lived in a unit on the ground floor. Not long before the events of 4 March 2020, Ms Fisher made a complaint to the Police that Mr Ross and Mr Parker had been threatening her with a firearm. The Police…

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 Marsh

Details

AGLC: R v Marsh [2021] NZHC 2804
Case: [2021] NZHC 2804
Decision Date: 19 October 2021

CaseChat Overview and Summary

The case of R v Marsh and Wealleans involved the sentencing of Juan Issacs Marsh and Curtis Taila Wealleans for their roles in the murder of Brendon Ross. Marsh and Wealleans had conspired to attack Ross in retaliation for an alleged incident involving a scratched car. Marsh stabbed Ross, causing fatal injuries, while Wealleans assisted by hitting Ross with a hammer. The High Court of New Zealand, Christchurch Registry, presided over by Nation J, delivered the sentencing remarks. The court considered various factors, including the premeditation of the attack, the brutality of the crime, and the personal backgrounds of the defendants. Marsh was sentenced to life imprisonment with a minimum term of 13.5 years, while Wealleans received a sentence of nine years and four months for manslaughter. The court emphasised the destructive consequences of gang involvement and the need to hold the defendants accountable for their actions.

Orders