R v McGoldrick - [2023] NZHC 731

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CRI-2022-096-856

[2023] NZHC 731

THE KING

v

JUSTIN JAMES EDWARD MCGOLDRICK

Hearing: 4 April 2023

Appearances:

M E Page for the Crown

C J Tennet for the Defendant

Judgment:

4 April 2023

SENTENCING OF COOKE J

[1] Justin McGoldrick you are now to be sentenced as a result of your guilty pleas to one charge of aggravated burglary1 and one charge of aggravated wounding.2

[2] Your guilty pleas follow an earlier sentencing indication. In order to explain your sentence I will address three matters:

(a)First I will describe the facts of the offending.

(b)Secondly I will outline the approach that is taken in assessing a starting point for offending of this kind together with any uplift for personal

1 Crimes Act 1961, s 232(1) and 66; maximum penalty of 14 years’ imprisonment.
2 Section 191(1)(a) and 66; maximum penalty of 14 years’ imprisonment.

R v MCGOLDRICK [2023] NZHC 731 [4 April 2023]

aggravating circumstances. That is an assessment I have already undertaken in the sentencing indication.

(c)Finally I will address discounts from that starting point arising from your guilty plea and other matters personal to you given further information now available.

The offending

[3] First the facts. On 10 January 2022 two young associates of yours were robbed by Akynn Eady a Cripps gang member. They then planned retribution and obtained Mr Eady’s address. They then met up with you at approximately 8.30 that evening.

[4] Your group then went to another address and were joined by Mr Tawhai. The group then went to another address in Porirua to pick up a pump action shotgun.

[5] A Toyota vehicle was then obtained and the shotgun was placed in the back of that car, and after stopping off at the Z Mana Esplanade at approximately 10.40 pm your group drove to the address of Mr Eady.

[6] At the time Mr Eady was hosting a birthday party with at least eight other persons, one of whom was the victim, Mr Aspinall.

[7] You exited the vehicle with the shotgun along with Mr Tawhai and one other. Mr S and Mr H stayed in the car. You approached the address and opened the front door brandishing the shotgun at the occupants inside in the hallway. Mr Aspinall hearing the commotion walked to the front of the house to see what was happening. As that happened you fired three rounds down the hallway as the occupants ran for cover. Mr Aspinall was struck by a number of pallets in the left side of his abdomen causing a number of wounds.

[8] The three of you then ran from the address to the car which drove off. You were spotted by a marked police car which attempted to stop the car, which drove away at speed, overtaking other vehicles and turnings its lights off in an attempt to deter police.

[9] The car was then struck…

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 McGoldrick

Details

AGLC: R v McGoldrick [2023] NZHC 731
Case: [2023] NZHC 731
Decision Date: 4 April 2023

CaseChat Overview and Summary

Justin James Edward McGoldrick has been sentenced by the High Court of New Zealand after pleading guilty to charges of aggravated burglary and aggravated wounding. The court heard that the offences occurred on 10 January 2022, when McGoldrick and his associates retaliated against a Cripps gang member who had robbed two of their friends. They armed themselves with a shotgun and drove to the gang member's house, where McGoldrick shot at the occupants, wounding one person. The group then fled, leading to a police chase that ended with their arrest. The court needed to determine the appropriate sentence for McGoldrick, considering the nature of the offences, his criminal history, and personal circumstances.

The court assessed the starting point for the sentence by examining the aggravating factors of the crime, such as the planning and premeditation, the use of a weapon, the number of participants, and the home invasion at night. The court also considered comparable cases to understand how to assess the starting point for similar offences. Given McGoldrick's role as the shooter, the starting point was set at nine years' imprisonment. The court further considered personal aggravating factors, such as McGoldrick's extensive criminal history involving violence and weapons, and determined that a three-month uplift was appropriate. This brought the starting point to nine years and three months.

The court then addressed personal mitigating circumstances, including McGoldrick's guilty plea, which warranted a 25% discount, and his background of social and cultural deprivation, which warranted a 10% discount. The court also took into account McGoldrick's drug and alcohol use, as well as his remorse, though no separate discount was given for these factors. The total discount amounted to 35%, reducing the starting point to six years.

In conclusion, Cooke J sentenced Justin McGoldrick to six years' imprisonment on each charge, to be served concurrently, making the effective sentence six years' imprisonment. The court acknowledged the difficult circumstances of McGoldrick's upbringing but emphasized that he must take responsibility for his choices and work towards a better future.

Orders