R v Mulvey - [2016] NZHC 2568

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2015-009-7255 [2016] NZHC 2568

THE QUEEN

v

MATTHEW JOSHUA MULVEY LEON DELSHANNON TURNER PETER DAMIAN GILBERT

Hearing: 27 October 2016

Appearances:

B Hawes for Crown
A S Greig for Defendants M Mulvey and L Turner
M Sewell on behalf of R Glover for Defendant P Gilbert

Judgment:

27 October 2016

SENTENCING REMARKS OF MANDER J

[1] Matthew Mulvey, Leon Turner and Peter Gilbert, you may remain seated while I pass my sentencing remarks. I will get you to stand at the end of my remarks when I formally pass sentence. The three of you are for sentence in accordance with the jury’s verdicts on charges of kidnapping and wounding with intent to cause grievous bodily harm. Mr Mulvey and Mr Turner, you are also for sentence on two charges of injuring with intent to cause grievous bodily harm. Mr Gilbert, you are for sentence on one charge of injuring with intent to cause grievous bodily harm.

Three strikes warning

[2] Before I proceed to the imposition of sentence I am required under the

Sentencing Act to give each of you what is described as the “three strikes warning”.

R v MULVEY [2016] NZHC 2568 [27 October 2016]

[3] Given your convictions on the stated charges, you are now subject to the three strikes law. I am going to give you a warning of the consequences of a conviction for another serious violent offence. You will also be provided with a written notice which contains a list of these serious violent offences.

[4] The warning is this. If you are convicted of any one or more serious violent offences other than murder committed after this warning and if a Judge imposes a sentence of imprisonment, then you will serve that sentence without parole or early release. If you are convicted of murder committed after this warning, then you must be sentenced to life imprisonment without parole unless it would be manifestly unjust to do so. In that event, the Judge must sentence you to a minimum term of imprisonment.

Factual background

[5] In turning to the sentencing exercise this morning, I must first set out the factual background to the offending for which you are for sentence. I will also refer to your particular involvement in greater detail when I come to assess your individual sentences.

The Ajax Street offending

[6] All three of you knew the victim, Dawson Reihana, through your mutual affiliation with the Mongrel Mob, of which you are either members or are associated.

[7] On the afternoon of Saturday 8 August last year, you, Mr Mulvey, arranged to meet Mr Reihana at your house in Ajax Street. It is apparent that invitation was a trap. On arrival, you told Mr Reihana you were waiting for some friends to arrive and at one point left him in the lounge. When you returned you were accompanied by Mr Gilbert and Mr Turner. As a group you immediately attacked Mr Reihana.

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 Mulvey

Details

AGLC: R v Mulvey [2016] NZHC 2568
Case: [2016] NZHC 2568
Decision Date: 27 October 2016

CaseChat Overview and Summary

In the High Court of New Zealand, Matthew Joshua Mulvey, Leon Delshannon Turner, and Peter Damian Gilbert were sentenced for their involvement in a kidnapping and assault on Dawson Reihana, who was a member of the same gang, the Mongrel Mob. The defendants were found guilty of kidnapping and wounding with intent to cause grievous bodily harm, as well as injuring with intent to cause grievous bodily harm. The court was required to decide the appropriate sentences for the defendants, taking into account the severity of the crimes and the individual culpability of each defendant. The court also had to determine if a minimum period of imprisonment should be imposed for each defendant, considering the need for denunciation, deterrence, and protection of the community.

The court found the defendants' crimes to be extremely serious, with the attack being premeditated, involving the use of weapons, targeting the victim's head, and multiple attackers. The court also found that the attack was gang-related and continued over a long period. The court considered the individual culpability of each defendant, finding that all three played significant roles in the attack on Mr. Reihana. The court imposed a minimum period of imprisonment for each defendant, taking into account their violent histories and the need to protect the community.

Matthew Mulvey was sentenced to 10 years and 6 months imprisonment for wounding with intent to cause grievous bodily harm and kidnapping, with a minimum term of imprisonment of 5 years and 3 months. He was also sentenced to 6 years imprisonment for injuring with intent to cause grievous bodily harm. Leon Turner was sentenced to 10 years imprisonment for wounding with intent to cause grievous bodily harm and kidnapping, with a minimum term of imprisonment of 5 years. He was also sentenced to 6 years imprisonment for injuring with intent to cause grievous bodily harm. Peter Gilbert was sentenced to 9 years and 6 months imprisonment for wounding with intent to cause grievous bodily harm and kidnapping, with a minimum term of imprisonment of 4 years and 9 months. He was also sentenced to 6 years imprisonment for injuring with intent to cause grievous bodily harm. All sentences were to be served concurrently.

Orders