R v Samson - [2021] NZHC 2636

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CRI-2020-425-000037

[2021] NZHC 2636

THE QUEEN

v

PATRICIA ELIZABETH SAMSON

Hearing: 30 September 2021

Appearances:

R W Donnelly and M B Brownlie for the Crown D G Slater for the Defendant

Date:

30 September 2021

SENTENCING REMARKS OF NATION J

[1] Mrs Samson, the jury found you guilty of attempting to defeat the course of justice by discarding possible evidence against Samuel Samson, namely numerous items of property, including a knife, taken from a motel unit. And obviously, you must now be sentenced for that offence.

[2] I begin by acknowledging all those who are present in Court for this sentencing. For the family and friends of Azalia Wilson, this is the end of what must have been an arduous and harrowing Court process for you. And, as did the Crown Solicitor, I acknowledge the dignified way in which you have conducted yourselves throughout these proceedings. In doing so, you have shown respect for Azalia Wilson. I acknowledge the immeasurable extent of your loss but also the feelings you naturally have as to the way Mrs Samson has been found guilty of assisting her son in an attempt

R v SAMSON [2021] NZHC 2636 [30 September 2021]

to prevent the Police obtaining what could have been and what was evidence relevant to the murder of a daughter, a sister and the mother of the young baby you are now caring for.

[3] I also acknowledge the presence of members of Mrs Samson’s family who are here to show their support for you. You also have been affected by this tragedy and your involvement in what happened after Azalia was brutally battered by Mrs Samson’s son and a brother.

[4] You need to understand that before today I have received detailed written submissions from Mr Donnelly for the Crown and from Mr Slater for you Mrs Samson. I have read and now listened to the victim impact statements. I have read the pre- sentence report and the numerous references that were provided for you Mrs Samson. I have been referred to and have read and considered a number of other cases which counsel have suggested are an indication of the sort of sentence that might be appropriate for your offending.

[5] I need to begin by briefly summarising the nature of your offending and the circumstances in which it occurred.

[6] On the night of 16/17 November 2019, Samuel Samson and Azalia Wilson were to be at the Bavarian Motel with their baby daughter in their care. Samuel Samson went out on the Saturday evening to socialise with friends. He returned to the motel briefly during the evening but went out again. He went back to the motel at around 1.42 am.

[7] From evidence given at Samuel Samson’s trial, I know that, through Facebook Messenger, he had shown someone else an image taken in his presence of Azalia’s battered body at around 2.30…

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 Samson

Details

AGLC: R v Samson [2021] NZHC 2636
Case: [2021] NZHC 2636
Decision Date: 30 September 2021

CaseChat Overview and Summary

Patricia Elizabeth Samson was charged with attempting to defeat the course of justice by assisting her son, Samuel Samson, in disposing of evidence after the murder of Azalia Wilson. The court had to determine the appropriate sentence for her involvement, which included driving her son away from the scene, waiting while he disposed of items from the crime scene, and not reporting any of this to the police. The legal issues included assessing her culpability, considering the potential impact of her actions on the police investigation, and weighing any mitigating or aggravating factors. The court found her guilty and sentenced her to nine months of home detention, considering her limited direct involvement in disposing of the evidence, her cooperation during the trial, and her denial of culpability and lack of remorse. The sentence also took into account her health issues and the impact of the case on her reputation and employment.

Orders