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R v McIntyre

R v McIntyre

Case [2019] NZHC 1162 29 May 2019

Kidnapping

Aggravated & Exemplary Damages

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NOTE: PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS OF COMPLAINANT(S) PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2017-027-000774

[2019] NZHC 1162

THE QUEEN

v

LINTON MCINTYRE

Hearing: 29 May 2019

Appearances:

S J Barnaart for the Crown A J Holland for L McIntyre

Judgment:

29 May 2019

SENTENCING NOTES OF POWELL J

[Redacted version]

R v MCINTYRE [2019] NZHC 1162 [29 May 2019]

[1] Linton McIntyre you come up for sentence today after pleading guilty to a single charge of kidnapping.

[2] You pleaded guilty to that charge along with three other offenders, Paul Johnson, Frank Rota and Jason Williams. You were due to be sentenced along with the other three on 10 May 2019 but for health reasons you were unable to be present on that day. By consent the other sentencings proceeded, and your sentencing was adjourned until today.

[3] The charge of kidnapping to which you and the other offenders have pleaded guilty arose out of events that took place at a residential address in Paihia (“the Paihia property”) on 10 March 2017. Your guilty plea came at the end of three weeks of trial, at the conclusion of the Crown evidence. The summary which I will give as to what occurred represents my conclusions based on the evidence that I heard at trial, including the evidence of all four complainants, the Police and forensic evidence and the evidential interviews given by both yourself and Mr Rota.

[4] The summary that I will provide goes into slightly more detail than is strictly speaking necessary, in order to address your own involvement. But it was the summary given to your co-offenders and provides the full context of your own offending for which I am sentencing you today.

What happened on 10 March 2017

[5] On 10 March 2017 Victim A, Victim B and Victim C had just finished breakfast at the Paihia property, and Victim A and C were preparing to go to work later that morning.

[6] You, together with Mr Rota, arrived at the property by car and came to the door. As you were a good friend of Victim B’s you and Mr Rota were invited in, despite Mr Rota wearing various Head Hunter related gang insignia.

[7] You proceeded to have a conversation with Victim B about the whereabouts of Boy Marsh (“Boy”), a member of the Black Power gang who you and the others

accompanying you were trying to locate on behalf of Maurice Reti, an associate who at that time was serving a sentence of imprisonment.

[8] Within a short time of you and Mr Rota arriving at the Paihia property, Mr Johnson, Mr Williams and a further unidentified offender arrived in another vehicle and also entered the house.

[9] Shortly afterwards, Victim A made preparations to leave the Paihia property and went to pick up her iPad and iPhone…

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 McIntyre

Details

AGLC: R v McIntyre [2019] NZHC 1162
Case: [2019] NZHC 1162
Decision Date: 29 May 2019

CaseChat Overview and Summary

Linton McIntyre was sentenced for his involvement in a kidnapping incident at a residential property in Paihia on 10 March 2017. McIntyre pleaded guilty to the charge of kidnapping alongside three other offenders. The incident involved the detention of four victims for approximately 10 to 12 hours, during which they were subjected to varying degrees of violence and intimidation. McIntyre's role in the offence was considered to be at the lower end of culpability, as he was a reluctant participant and did not contribute to the violence. The court determined a starting point of 12 months imprisonment, which was then adjusted to account for McIntyre's personal circumstances and a guilty plea discount. The final sentence imposed was three and a half months of community detention, along with specific conditions and requirements to be met during the detention period.

The legal issues the court had to decide involved the assessment of the appropriate starting point for the kidnapping charge, taking into account the various aggravating and mitigating factors. The court also had to determine the appropriate sentence for McIntyre, considering his level of culpability, personal circumstances, and the discount for his guilty plea. Additionally, the court had to decide between a community-based sentence and imprisonment, and if a community-based sentence was appropriate, which type of sentence would be most suitable.

Orders