R v Strang HC Wellington CRI 2010-035-859

[2010] NZHC 1784

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2010-035-859

THE QUEEN

v

MARK VERN STRANG

Hearing:         8 October 2010

Counsel:         G J Burston and A J Ewing for Crown

I M Antunovic for Accused

Sentence:       8 October 2010

SENTENCE OF RONALD YOUNG J

[1]      Mark Vern Strang you have pleaded guilty to murder and it is now my task to sentence you.  It will be necessary for me to summarise the facts of the case although a summary has been read out today.   There needs to be a record of the basis on which I sentence you.

[2]      You knew the victim, Blair Graves, who had been a friend of yours and your family’s for many years.  In May 2009 your marriage broke up and at the time of that breakup  you  had  some  animosity  towards  Mr Graves  believing  he  had  some

involvement in your marriage ending.

R V MARK VERN STRANG HC WN CRI 2010-035-859  8 October 2010

[3]      In early 2010 you and Mr Graves reconciled and you moved into the spare bedroom at his flat in Masterton.  On 6 May you went to work as normal and on your return to the flat began talking with a neighbour.  You made a series of accusations about Mr Graves’ behaviour and told the neighbour you were going to get Mr Graves and that he was on thin ice.

[4]      Later  in  the  afternoon  the  police  executed  a  search  warrant  at  your  flat looking for drugs.   Mr Graves was arrested at the flat for possession of cannabis utensils and bailed later at the Masterton police station.

[5]      You were located later that evening by the police and arrested for a small amount of cannabis oil which had been located during the search of your flat.  You were also bailed.

[6]      You then returned to a tavern and continued to drink.  You left the tavern at about 1.00 a.m. and arrived at the flat you and Mr Graves occupied about 2.00 a.m. or perhaps a little latter.   As you walked home it seems you became increasingly angry believing that Mr Graves had set you up regarding the cannabis oil and that again that he had been involved in your marriage breakup.   By the time you got home you were angry and agitated.  You then began knocking on the door of the flat trying to wake Mr Graves.  You began abusing him and threatening him.  This was overheard by a neighbour.  Eventually you located your keys and entered the flat, again abusing him and threatening him.   You went into Mr Graves’ bedroom and confronted him telling him that you were going to kill him and that you had had enough.

[7]      Mr Graves was lying in a bed saying “sorry sorry”.  You grabbed Mr Graves around the throat and punched him several times in the head.  You left the bedroom, went to the kitchen grabbed a large knife from the kitchen block on the bench.  It had a 20 cm blade.  You returned to the bedroom where Mr Graves was lying on the bed and tried to stab him in the chest.  Mr Graves tried to fight you off.

[8]      During the struggle he sustained cuts to his lower right leg and two deep lacerations to his left hand described as defensive wounds.   Eventually you overpowered him and stabbed him once in the chest with full force.  The knife went through his chest, piercing his left lung and penetrating his heart.  You pulled the knife out, discarded it in the corner of the bedroom, left his bedroom and went to the kitchen to make a cup of tea.

[9]      A neighbour on hearing noises from your flat went over to try and calm things down.  He saw you in the kitchen and you told him that Mr Graves had narked on you and had seriously affected your family life.  You said that as far as you were concerned Mr Graves could bleed to death.  You acknowledge stabbing him in the heart.  Eventually an ambulance was called but by the time they arrived he was dead. At interview with the police you accepted you had stabbed him to kill him.

[10]     Turning to the pre-sentence report it records that you do have a number of previous convictions but none of them are serious.   They mostly relate to driving offences, driving with excess breath alcohol and driving while disqualified together with some minor drug offending.   I acknowledge you have not previously been in prison.

[11]     As to your family circumstances the report records you have two daughters, aged 18 and 12.   You have a close relationship with them.   You mention in that report the circumstances of your marriage breakup.  This was, you say, because your wife had an affair with your older brother.  You told the probation officer that your marriage breakup and the circumstances has had a huge effect on you.

[12]     You told the probation officer that you believed the deceased had precipitated the affair between your wife and your brother by telling lies to your wife.  But you acknowledge that the two of you had put it all behind you at the beginning of the year.   You told the probation officer that you had an uncontrollable rage, a large amount of alcohol and you simply lost it on that evening.  You said you felt you had to get a knife to protect yourself and noted that this was some form of a fight between the two of you.   I want to make it clear of course that neither of those suggestions can be accepted or indeed are true.  There is no evidence to justify your

claim, in any event that I have seen that justifies the claim that the deceased deliberately sabotaged your marriage.

[13]     The probation officer considers that although you are sorry for what has happened the sorrow is primarily directed towards the deceased’s mother rather than the killing itself.

[14]     The  submissions  from  the  Crown  and  your  lawyers  are  focused  on  the question of whether there should be any minimum period of imprisonment greater than ten years.   But of course the real sentence that I will impose is one of life imprisonment.

[15]     The Crown say that a start point of 12½ to 13 years minimum imprisonment is warranted less an allowance for your guilty plea.  They emphasise:

a)        the vulnerability of the victim;

b)        your treats of harm to the victim indicating premeditation;

c)        that the killing occurred in the victim’s home;

d)       that there was violence immediately before the killing;

e)        your calm behaviour and attempt to justify the murder afterwards indicate, they say, a callous disregard for the victim’s life; and

f)        the effect on the victim’s mother.

[16]     Your counsel says that no minimum period of imprisonment beyond  the statutory period of ten years is warranted.

[17]     I acknowledge the significant number of references you have provided as to your character and I acknowledge the contents of the letter that you have written. Mr Antunovic on your behalf says there were three matters particularly preying on your mind that evening:

a)        the  deceased’s  apparent  involvement  in  the  relationship  that  had formed between your former wife and your brother;

b)        the deceased’s stated romantic affection towards you; and

c)        finally, your belief that the deceased had wrongly incriminated you during a police drug search.

[18]     As to premeditation he submits that it was only when you began the argument with the deceased in the bedroom that something snapped and you then decided to kill the deceased.  However you accept that you cannot dispute what your neighbour has said about your actions and words before the killing and before your entry to the house.

[19]     Counsel submits that the killing was therefore essentially on the spur of the moment.   Beyond that there was no challenge to the other aggravating features emphasised by the Crown.

[20]     As to the mitigating features Mr Antunovic says you are entitled to a discount for your early guilty plea and co-operation in your police video interview.   He stresses you have a good employment record and notes you have a long standing problem with drugs and alcohol.  He says that you are deeply remorseful.

[21]     I agree with the Crown that this was a callous murder with premeditation. Whatever the position was as far as the circumstances that gave rise to the end of your marriage by early 2010 you and the deceased had resumed a friendship and seemed to have put the past behind you.   But it is clear you continued to harbour resentment against him.  It is clear that some of this was from your own imagining. When you arrived at the house that night you were determined to do serious harm to the deceased.  Your actions from then on illustrated your intention.  Whether it was a determination to do serious harm or a determination to kill for this sentencing, in my view, does not matter.  What was clear in my view is that there was overwhelming evidence of a serious intention by you to harm before you entered the house that day.

Nor can there be any doubt about the callousness of your actions given what you did after the stabbing.

[22]     I accept the assessment of the probation officer that while you do have deep remorse for the killing because of the effect it has had on the deceased’s mother. You do not really have direct remorse for the killing itself, because you tried to justify what you have done by raising some form of self defence or claiming that somehow the killing began with a fight.  As I have said to you this was not a fight. Your knife was not used in self defence and the victim had done nothing to justify what you did.

[23]     The Crown are further correct that it is relevant that the killing occurred in the deceased’s home and that the victim knew he was being seriously attacked by you prior to the stabbing.

[24]     I  have  read  and  wish  to  acknowledge  the  victim  impact  report  from Mrs Graves.  By your callous killing of this man you have, in her words, destroyed her purpose in living.  It is clear that Mrs Graves had the closest loving relationship with  her  son.    As  she  says  she  and  her  family  have  offered  you  nothing  but friendship and shelter when you needed it.  And you repaid them by killing her only child.  More than any punishment that I can impose, the effect on this woman, who has  shown  you  nothing  but  kindness,  should  remain  with  you  and  on  your conscience for the rest of your life.

[25]     I think an appropriate minimum period of imprisonment before parole can be considered is properly at a start of 12 years’ imprisonment.  From that additional two years beyond the minimum I deduct 25% or six months for your relatively early guilty plea.  There was a significant delay in entering the plea but it is proper to take into account the seriousness of the offending that does require a proper appropriate consideration by counsel before entering such a plea.

[26]     You are therefore sentenced to life imprisonment.   You will serve at least

11½ years’ imprisonment before you can be considered to be eligible for parole.

Ronald Young J

Solicitors:

A J Ewing, Luke Cunningham & Clere, PO Box 10 357, Wellington, email: [email protected]

J K W Blathwayt, WCM Legal, PO Box 49, Carterton 5743, email:  marg[email protected]