R v McNaughton

Case [2012] NZHC 815


IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

CRI-2009-042-004391

CRI-2010-442-000026 [2012] NZHC 815

THE QUEEN

v

BLAIR ROBERT MCNAUGHTON BLAKE PAUL CUNNARD

ISAAC CRAWFORD WARREN JARED MATTHEW PERRY SAMUEL INGRAM GILLBANKS

Hearing:         16 April 2012

Counsel:         M A O'Donoghue and J Webber for Crown

R Lithgow QC and AJD Bamford for Accused McNaughton
G P Barkle for Accused Cunnard
H Riddoch for Accused Warren
JCS Sandston for Accused Gillbanks
R B Squire QC and D Russ for Accused Perry

Sentencing:     16 April 2012

SENTENCING NOTES OF MILLER J

[1]      Gentlemen, you may remain seated while I read my sentencing notes.  I will ask you to stand as I pass sentence upon each of you separately.

[2]      You appear today for sentence today for crimes that you committed as you played your respective parts in the death of Troy Minto at Branford Park, Nelson, on

14 November 2009.

R V MCNAUGHTON HC NEL CRI-2009-042-004391 [16 April 2012]

[3]      You were convicted after trial, the jury having found you guilty of all of the charges that you faced.   Mr McNaughton and Mr Cunnard were found guilty of murder, the latter as a party.  Messrs Warren, Gillbanks and Perry were found guilty of manslaughter as parties to the killing.  The same three were found guilty of jointly possessing, with all the accused, the shotgun that Mr McNaughton used  to kill

Mr Minto.1   Mr Cunnard had already pleaded guilty to that charge.  Messrs Cunnard,

Warren and Gillbanks also pleaded guilty at an earlier stage to unlawful assembly.

The facts

[4]      The facts matter a great deal.  I agree with counsel that only by paying close attention to them can I settle upon a just sentence for each of you.  I must consider your individual knowledge and commitment and leadership, what you did to further the group’s unlawful purpose, and how you contributed to Mr Minto being shot.  I have reviewed the evidence, and what follows are my findings on the evidence admissible against each of you.   I believe that they are consistent with the jury verdicts.

[5]      I begin by putting your behaviour in context.   What happened at Branford Park was an arranged fight between two groups of young men, aptly named the Warren group and the Proctor group.  The Warren group appear before me today and the Proctor group do not.  The law tends to categorise those involved in an incident such as this as criminals or victims, condemning the one and supporting the other. The real victims here are Mr Minto and his family.  I will say something more about them in a few minutes time.  The Proctor group have not earned the status of victims, although some of them seemed willing to claim it in evidence.

[6]      It is true that the origin of the conflict lay in Mr Warren’s refusal to accept

that  his  girlfriend  had  left  him  for  the  principal  protagonist  on  the  other  side, Shannon Proctor, but by the time of the killing that had ceased to…

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AGLC
R v McNaughton [2012] NZHC 815
Case
[2012] NZHC 815
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CaseChat Overview and Summary

The case of R v McNaughton involved several defendants charged in relation to the death of Troy Minto, which occurred during an arranged fight between two groups of young men. McNaughton and Cunnard were convicted of murder, while Warren, Gillbanks, and Perry were convicted of manslaughter as parties to the killing. The court had to decide on the appropriate sentences for each defendant, taking into account the legal principles and circumstances of the case. The court found that McNaughton and Cunnard were leaders in the group violence, with McNaughton using the gun to threaten others and subsequently shooting Minto. Cunnard was found to have brought the gun to the scene, knowing there was a possibility it would be used with murderous intent. The court sentenced McNaughton to life imprisonment with a minimum period of 10 years, and Cunnard to 10 years imprisonment, considering his peripheral role in the killing. Warren, Gillbanks, and Perry were sentenced to 4.5 years, 3 years and 3 months, and 12 months home detention, respectively, taking into account their varying levels of involvement and culpability in the crime.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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