R v Morgan - [2019] NZHC 2718

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CRI-2018-063-538

[2019] NZHC 2718

THE QUEEN

v

ROSANA MAIRO MORGAN TYLER BAILLIE

Hearing: 24 October 2019

Counsel:

M A O’Donoghue and J M Webber for Crown M J Vesty and C S Lawes for Ms Morgan

R M Mansfield for Mr Baillie

Sentencing:

24 October 2019

SENTENCING NOTES OF THOMAS J (ANONYMISED FOR SUPPRESSION ORDERS)

Introduction

[1] Ms Morgan and Mr Baillie, you appear for sentence having been found guilty of murder following trial by jury in August 2019.1 Prior to trial, Mr Baillie had pleaded guilty to three charges of supplying GHB, a Class B controlled drug,2 and Ms Morgan pleaded guilty to four charges of supplying methamphetamine3 and one charge of offering to supply methamphetamine, a class A controlled drug.4 Ms Morgan was also

1      Crimes Act 1961, ss 167 and 172; maximum penalty life imprisonment.
2      Misuse of Drugs Act 1975, s 6(1)(c) and (2)(b); maximum penalty 14 years’ imprisonment.
3      Section 6(1)(c) and (2)(a); maximum penalty life imprisonment.
4      Section 6(1)(c) and (2)(a); maximum penalty life imprisonment.

R v MORGAN [2019] NZHC 2718 [24 October 2019]

found guilty by the jury of one charge of supplying GHB5 and one further charge of supplying methamphetamine.

[2] In sentencing you, I will first address the facts of your offending and set out my conclusions as to the existence of disputed aggravating facts. I will then turn to your personal circumstances, the pre-sentence reports and victim impact statements. Finally, I will address the sentencing regime for murder and set the appropriate minimum period of imprisonment for your sentences.

Facts of your offending

[3] You were convicted by the jury on the basis that Mr Baillie suffocated Ms Harris while Ms Morgan assisted or encouraged the suffocation. Beyond that, the facts of your offending are disputed. The Crown alleges that you murdered Ms Harris to carry out a contract of sorts for Vicki Brookes, who was Ms Harris’ aunt. Both your counsel submit the evidence does not support that allegation. Mr Mansfield submits on behalf of Mr Baillie that all that was proved at trial was that Mr Baillie arrived at the house in the evening and suffocated Ms Harris. In respect of Ms Morgan, Mr Vesty submits it was not proven that drugs played any role in the murder and Ms Morgan was only found guilty of assisting Mr Baillie by her continued presence during the suffocation of Ms Harris. To rely on the alleged contract with Ms Brookes in sentencing, the Crown must prove it beyond reasonable doubt on the basis of the evidence at trial.6

[4] I am satisfied beyond reasonable doubt that you were both involved in a plan to kill Ms Harris in exchange for money or drugs from Ms Brookes and that the plan originally involved an attempt to induce an overdose using a combination of drugs.

[5] I have arrived at this conclusion by drawing an…

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 Morgan

Details

AGLC: R v Morgan [2019] NZHC 2718
Case: [2019] NZHC 2718
Decision Date: 24 October 2019

CaseChat Overview and Summary

The case of R v Morgan was heard in the High Court of New Zealand Nelson Registry. Rosana Mairro Morgan and Tyler Baillie were found guilty of murder and were sentenced on 24 October 2019. The court was required to determine the facts of the offending, assess the aggravating factors, consider the personal circumstances of the offenders, and determine the appropriate minimum period of imprisonment. The court concluded that the murder was planned and carried out in exchange for drugs and money from Vicki Brookes, who had a personal vendetta against the victim, Ms Harris. The court found that both offenders were involved in the planning and execution of the murder, which involved calculated and lengthy planning, as well as a high level of callousness. Based on the sentencing principles and the unique circumstances of the case, the court determined that a minimum period of imprisonment of 17 years was appropriate for both offenders. The final orders were that both Morgan and Baillie were sentenced to life imprisonment for the charge of murder, with a minimum period of 17 years before they could apply for parole. In addition, Baillie received concurrent sentences of eight months' imprisonment for the charges of supplying GHB, while Morgan received an eight-month sentence for the charge of supplying GHB and one-year sentences for the charges of dealing in methamphetamine, to be served concurrently.

Orders