R v Messervy - [2024] NZHC 3770

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2022-009-8059

[2024] NZHC 3770

THE KING

v

BAILEY RICHARD GEORGE MESSERVY

Hearing: 11 December 2024

Appearances:

D L Elsmore and M G McClenaghan for Crown J R Rapley KC and S B Henry for Defendant

Judgment:

11 December 2024

SENTENCING NOTES OF DUNNINGHAM J

[1] Mr Messervy you are here for sentence today on the charge of murdering Mr Nigel Wilson. As your lawyer will have explained, I have to give detailed reasons for the end sentence, so I am afraid this will take some time. Until I get to the end of my explanation, you can remain seated.

Facts of the offending

[2] I will start by describing the facts of your offending and I need to do this in some detail because they are relevant to sentence, and there is some difference between counsel as to what they are.

[3] Early in the morning of 14 November 2022, the victim, Mr Nigel Wilson, went to Bexley Reserve with his pup, Jade. Shortly afterwards, you drove into the reserve

R v MESSERVY [2024] NZHC 3770 [11 December 2024]

from Pages Road because your girlfriend, Ms Jazmyn Hopkinson, wanted to use the toilet facilities there. You had both been taking methamphetamine in the hours beforehand. You drove through the reserve at a speed which Ms Hopkinson recognised was much faster than reasonable in that environment. She said you “sped in there.”

[4] As you drove towards the toilet Mr Wilson clearly took issue with your speed and he jumped out on to the driveway as your vehicle went past, yelling out to you to “slow down, dogs walk in here”.

[5] When you returned from the toilet block to the Pages Road entrance, you saw Mr Wilson closing the park gates on you and wrapping a chain around them. Your passenger, Ms Hopkinson, sensed you would not handle this well.

[6] Mr Wilson walked towards the vehicle to speak to you in the driver’s seat. You kept opening your door and shutting it, saying to Mr Wilson “open the gate, bitch” and he was yelling angrily back at you. Ms Hopkinson tried to defuse the situation by getting out of her side of the car and apologising to Mr Wilson for speeding. When Mr Wilson got close to the door of the vehicle you grabbed the knife which you had inside the vehicle and in one swift move, as you left the car, you stabbed Mr Wilson in the abdomen, and nudged him with your shoulder, saying “Ay what bro”. The two of you then launched straight into a fight.

[7] A member of the public on the opposite side of the road observed you throwing what appeared to be aggressive punches, while he said the person being attacked looked as though he was trying to protect himself. He said he witnessed between five and 10 punches, and he considered they were thrown…

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 Messervy

Details

AGLC: R v Messervy [2024] NZHC 3770
Case: [2024] NZHC 3770
Decision Date: 11 December 2024

CaseChat Overview and Summary

In the High Court of New Zealand, Christchurch Registry, the defendant, Bailey Richard George Messervy, was sentenced for the murder of Nigel Wilson. The case presented a complex dispute regarding the nature of the defendant's actions and the appropriate sentencing. Messervy had driven into Bexley Reserve at a high speed, leading to a confrontation with Wilson, who was concerned for the safety of his dog. This confrontation escalated into a violent altercation during which Messervy stabbed Wilson multiple times, ultimately resulting in Wilson's death. The court was required to decide whether a life sentence would be manifestly unjust and to determine the appropriate finite sentence if it was found that a life sentence was not suitable.

The court found that while Messervy's actions were clearly unlawful and resulted in a fatality, they were driven by a reckless rather than a premeditated intent to kill. The defendant's youth, his history of trauma and resulting PTSD, and his demonstrated potential for rehabilitation were considered significant mitigating factors. The court balanced these factors against the gravity of the offence and concluded that a life sentence would be manifestly unjust. Instead, Messervy was sentenced to 17 years and 6 months' imprisonment, with a minimum period of imprisonment of 7 years. This sentence was deemed appropriate given the circumstances, reflecting both the need for accountability and the potential for rehabilitation.

Orders