R v Middleton - [2012] NZHC 3261

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CRI-2011-020-003980 [2012] NZHC 3261

THE QUEEN

v

JOHNATHON WALTER MIDDLETON

Counsel: N M Graham for Crown
A Malik for Prisoner

Sentence: 5 December 2012

SENTENCING NOTES OF COLLINS J

Introduction

[1] Mr Middleton, you have pleaded guilty to murdering your father, Walter Middleton at Havelock North on 9 November 2011.

[2] The Crown and your counsel accept that in the circumstances of this case you must be sentenced to life imprisonment. The sole issue that I must determine is the minimum period of imprisonment that must be imposed. There is little disparity between the Crown’s submissions on what the minimum period of imprisonment should be, and the submissions which your counsel has made in relation to this issue. Your counsel urges me to impose a minimum period of imprisonment of ten years.
The Crown suggests a minimum period of between 11 to 12 years.

R V MIDDLETON HC NAP CRI-2011-020-003980 [5 December 2012]

(1) explain your offending;

(2) analyse your personal circumstances; and

(3) compare your case to others of a similar nature.

Your offending

[4] On the night of 9 November 2011 you were at home drinking. Your father arrived home. For no apparent reason you took a steak knife and stabbed Mr Middleton twice. One wound was in the neck. Your father died from this wound.

[5] When the police arrived you immediately surrendered yourself. You told the police to arrest you, saying that you had just killed your father. You said to the police that you wanted a “break from the shit” and that you said to your girlfriend you were going to do something to someone in order to go to jail. You could offer no further explanation to the police.

[6] The impact of your offending on your family and the friends of your father has been enormous. Your family are heartbroken and they are struggling to come to terms with the loss of a man who was dearly loved. Your family cannot understand your actions and they will never understand your behaviour.

[7] I am very grateful to Ms Kelly for the words that she has conveyed to me on behalf of the Middleton family. She understandably asks why you did this to a man who did all he could to help you.

[8] I have had the benefit of a pre-sentence report and a report prepared by Dr Barry-Walsh, a psychiatrist, who examined you to assess your state of mind at the time of the offending.

[9] You left school at the age of 14 and became an intravenous drug user from this time until you were about 25 years old. You abused alcohol and regularly drank large amounts. This impacted on your abilities in the past to attend courses, job interviews and to get work experience. You have been taking medication for Hepatitis C and anti-depressants.

[10] You are now 32 years old. You were raised by your mother and the late Mr…

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 Middleton

Details

AGLC: R v Middleton [2012] NZHC 3261
Case: [2012] NZHC 3261
Decision Date: 5 December 2012

CaseChat Overview and Summary

In the case of R v Middleton, the defendant, Johnaton Walter Middleton, was sentenced by Collins J in the High Court of New Zealand, Napier Registry. Middleton had pleaded guilty to the murder of his father, Walter Middleton, which occurred on 9 November 2011 in Havelock North. The primary legal issue before the court was determining the appropriate minimum period of imprisonment to be imposed on Middleton, with both the Crown and the defence agreeing that he must be sentenced to life imprisonment. The Crown proposed a minimum period of between 11 to 12 years, while Middleton's counsel urged for a minimum of ten years.

The court considered various factors in reaching its decision. These included an analysis of Middleton's offending, his personal circumstances, and a comparison with similar cases. Middleton's offending was described as impulsive, with no apparent reason for stabbing his father twice, resulting in his death. The court also took into account Middleton's troubled background, including his history of drug and alcohol abuse, mental health issues, and a significant criminal record. Despite these concerns, the court acknowledged Middleton's guilty plea and expressions of remorse as mitigating factors. In comparing Middleton's case with other similar cases, the court found that a minimum period of 11 years was appropriate, considering the nature of the offending and the mitigating factors present in this case.

Collins J ultimately determined that an appropriate sentence for Middleton was life imprisonment with a minimum period of 11 years. The court emphasised the need for the sentence to be comparable to those imposed in similar circumstances. The final orders of the court were that Middleton be sentenced to life imprisonment for the murder of his father, with a non-parole period of 11 years.

Orders