R v McConachie

[2020] NZHC 1887

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2019-85-1983

[2020] NZHC 1887

THE QUEEN

v

BRIAN DAVID MCCONACHIE

Hearing:

31 July 2020

Counsel:

G J Burston and A F Oliver for Crown

V C Nisbet and N Bond for Mr McConachie

Sentencing:

31 July 2020

SENTENCING REMARKS OF SIMON FRANCE J

[1]                 Mr McConachie pleaded guilty to the murder of Ms Irina Scantee in the early evening of Saturday, 17 August 2019. It is submitted on his behalf that a sentence of imprisonment less than life imprisonment is appropriate in the circumstances.1

Facts

[2]                 Mr McConachie and the victim had been in a relationship which had ended. Mr McConachie was struggling to cope with the end of the relationship. He was at times suicidal over it, and at other times angry about it.

[3]                 On 9 August 2019 Mr McConachie presented to mental health services with what was assessed as acute distress secondary to a relationship breakdown. He was

1      Sentencing Act 2002, s 102.

R v MCCONACHIE [2020] NZHC 1887 [31 July 2020]

diagnosed with acute adjustment disorder with suicidal ideations. Mr McConachie was upset and talked of not being able to live without the victim. He expressed thoughts of suicide and was said to present as morose, tearful and slow to talk. He was, however, able to give a clear, simple account of his thinking.

[4]                 Mr McConachie remained in care within a hospital facility until his release on 12 August. At that stage, nursing staff described him as stable in mood, with an occasional low mood. He was assessed by a psychiatrist on the day of discharge. He reported himself as feeling better, and having no further thoughts of self-harm. He made arrangements to move to a boarding house on the Kāpiti Coast. He was not on any medication at the time of discharge. He was contacted by a psychiatric nurse on 13 August by phone. At that time he said he was safe, and he was referred to mental health services in the area for follow-up. That was his last contact with mental health services prior to the offending.

[5]                 On the day of the killing, at about 8 pm, Mr McConachie drove to a boarding house in Paraparaumu Beach where the victim was residing. He arranged to speak with the victim in his car, and she was seen leaving the boarding house dressed in her bedtime attire. The victim commented to a witness that she was going to speak to the defendant briefly. Her clothing, and the fact that she had left her personal belongings including her wallet and cell phone in the bedroom, indicated that she did not intend to go anywhere.

[6]                 As it happens, she got into Mr McConachie’s car and he drove them a distance down the main street, before parking. Either during the journey or at that time, he began to strangle the victim. She was able to get out…