R v Potts - [2020] NZHC 1336

IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA MĀWHERA ROHE

CRI-2019-009-011278

[2020] NZHC 1336

THE QUEEN

v

AARON RICHARD POTTS

Hearing: 12 June 2020

Counsel:

P A Currie for the Crown

E C Bulger for the Defendant

Judgment:

12 June 2020

SENTENCING REMARKS OF NATION J

[1] Aaron Potts, you pleaded guilty to a charge of murder of Barbara Quinn. You are now before the Court for sentence.

[2] You and Ms Quinn were in a relationship for approximately eight months. Ms Quinn ended the relationship two to three weeks prior to the offending.

[3] On 5 December 2019 at approximately 10 pm, you drove to Ms Quinn’s address in Greymouth after arguing with her over the phone. You entered her house, where you began arguing with her and swearing at her about ending your relationship. You were under the influence of alcohol and were unable to stand steady. You grabbed Ms Quinn by her arms and pinned her against the wall in the hallway. She yelled to her daughter for help, and her daughter pushed you off her.

R v POTTS [2020] NZHC 1336 [12 June 2020]

[4] At 5.56 am the following morning, 6 December 2019, you completed seven internet searches about whether cutting wrists was the best way to commit suicide. At
8.17 am you purchased a dog toy and a snap knife from Greymouth Mitre 10. At 8.23 am you purchased a box of Lindt chocolates and some flowers from Greymouth New World.

[5] At 8.34 am you communicated with an acquaintance on Facebook. The summary of facts reproduced various messages sent by you. They began with you saying “do you think I can be a monster? Just pure evil?”

[6] You said the world needs evil – hurt people bro, but also that you were going to try a new game today. See how that would make you feel.

[7] Records show that at 8.37 am your cell phone connected to the wifi at Ms Quinn’s house. You were seen sitting in your vehicle on Byron Street by a person you knew. This person parked his vehicle nearby and walked around to speak to you, but you and your vehicle were gone.

[8] At 11.48 am you completed three Google searches on your cell phone of “how to choke someone”.

[9] You were aware that Ms Quinn routinely returned home for a lunch break between 1 and 2 pm, and that she would be alone in the house at that time. Just before 1 pm, you parked your vehicle on Nelson Street, a block away from Ms Quinn’s but not within the travel path of her driving from work to home. You walked to a place where you would be able to see Ms Quinn return home, taking with you some alcohol, chocolates, flowers and your cell phone.

[10] Ms Quinn came home around 1 pm and entered her house from the back door. You entered by the…

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 Potts

Details

AGLC: R v Potts [2020] NZHC 1336
Case: [2020] NZHC 1336
Decision Date: 12 June 2020

CaseChat Overview and Summary

The High Court of New Zealand considered the case of The Queen versus Aaron Richard Potts, where Potts was charged with the murder of Barbara Quinn. Potts had pleaded guilty to the charge, and the court was required to determine the appropriate sentence. The legal issues before the court involved determining the length of the minimum term of imprisonment for Potts, considering the aggravating and mitigating factors of the case, and applying the principles and purposes of sentencing as outlined in the Sentencing Act 2002.

The court examined the aggravating factors, including the violence and use of a weapon, unlawful entry into a dwelling place, premeditation, particular cruelty and callousness, and the extent of loss, damage, or harm. The court also considered the mitigating factors, such as Potts' guilty plea and expressions of remorse. The court found that the aggravating factors outweighed the mitigating factors and imposed a minimum term of imprisonment of 15 years.

The court acknowledged the devastating impact of Ms Quinn's death on her family and friends, and the irreparable loss and grief caused by Potts' actions. The court emphasised the importance of holding Potts accountable for his crime and ensuring that he serves an appropriate sentence that reflects the seriousness of his offending. The court also provided a first-strike warning to Potts, informing him of the consequences of committing another serious violent offence under the three strikes law.

In conclusion, Aaron Richard Potts was sentenced to life imprisonment with a minimum period of imprisonment of 15 years for the murder of Barbara Quinn. The court emphasised the importance of Potts demonstrating remorse and taking responsibility for his actions, and the need for him to prove through his behaviour that he can be kind and understanding towards others in the future.

Orders