IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
CRI-2012-016-409 [2013] NZHC 21
THE QUEEN
v
PATRICIA ERICA PATON
Sentence: 21 January 2013
Counsel: C R Walker for Crown
D J Sharp for Prisoner
Date: 28 January 2013
SENTENCING NOTES OF DOBSON J
[1] I have to sentence you this morning on your conviction for manslaughter.
[2] On 14 February 2012, a party developed at your house in suburban Gisborne. There was a good deal of drinking. You and your long-term partner, Lawrence Moon, had argued during the afternoon. In the early evening, you left the property with some of the other women for a short period. On your return, you wrongly accused your partner of attacking your own brother, who had been at the party but had left thinking that he had been abused by Mr Moon. More pointedly, you renewed criticism of your partner for wanting to have sex with another of the women at the party. That was also a criticism that you accepted at trial was not justified. Your partner attacked you in or around the hallway of your house. You attempted to
defend yourself and hit back. I note that the day after the attack, you had facial and
R v PATON HC GIS CRI-2012-016-409 [28 January 2013]
other injuries consistent with having been beaten. But that was nothing new. You lived long-term within a violent relationship, and beatings were sadly a routine part of that relationship.
[3] In any event, on the day in question your partner followed you into the kitchen. You grabbed two large kitchen knives and, you say, he challenged you to use one of them. Having dropped one, you stabbed him in the neck with the other. He died quickly from the massive loss of blood. The jury, correctly on the view I take of the evidence, rejected your claim that your partner had seized the hand in which you were holding the knife and pushed it into his own neck. The jury also rejected the claim that you acted with a proportionate response in self-defence.
[4] You fled the scene and hitchhiked to Opotiki, where you presented yourself at the Police station the following day.
[5] The lasting image I am left with from the trial is the entirely casual acceptance by all your friends who gave evidence at the trial, and from your own evidence, of the serious level of violence that occurred apparently throughout most of the long-term relationship you had with your partner. One woman recalled occasions on which she saw you “all bruised up” as if that was a natural alternative to your being, for instance, “all dressed up”. Another witness spoke of the number of times that she saw or heard from others about you having had “the bash”, again as if injuries from the domestic assaults were an entirely normal part of life. You thought that a life of violence with your partner was preferable to life for you and your children without…
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- AGLC
- R v Paton [2013] NZHC 21
- Case
- [2013] NZHC 21
- Decision Date
CaseChat Overview and Summary
The final orders of the court included a first warning to Paton of the consequences of being convicted of any serious violent offence committed after receiving the warning, in accordance with section 86A of the Sentencing Act. If Paton were to be convicted of a serious violent offence, except murder, after receiving the warning, she would receive a final warning, and any subsequent sentence of imprisonment (other than life imprisonment for manslaughter or preventive detention) would be served without parole or early release. If Paton were convicted of murder after receiving the warning, she would be sentenced to imprisonment for life, to be served without parole unless the sentencing judge considered it manifestly unjust to do so.
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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