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R v Taylor

R v Taylor

Case [2023] NZHC 3124 6 November 2023

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PARTS OF THIS JUDGMENT HAVE BEEN REDACTED PURSUANT TO S 205 CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CRI-2023-012-91

[2023] NZHC 3124

THE KING

v

JORDAN TAYLOR

Hearing: 18 October 2023

Appearances:

R D Smith and M Brosnan for the Crown

S A Saunderson-Warner and Ms Barker for the Defendant

Judgment:

6 November 2023

SENTENCING REMARKS OF HARLAND J

[1] First of all, I acknowledge those present here today. Sentencings of this kind are always very upsetting. There is nothing that can be said to make the tragedy of the loss of a life any better. This is particularly so given the circumstances of this case. I acknowledge all those present today who support the memory of Anita Taylor and those who support her son Jordan Taylor.

[2] I now address you Mr Taylor. You appear before the Court at the age of 18 having pleaded guilty to one charge of murdering your mother.

R v TAYLOR [2023] NZHC 3124 [6 November 2023]

[3] There is a process I must follow in sentencing you. This includes outlining a summary of your offending, that is what you did. I must also take into account the impact of your offending on your mother’s father (your grandfather) and her sister (your aunt). The law requires me to sentence you to imprisonment for life unless your offending and your personal circumstances mean that a sentence of imprisonment for life would be manifestly unjust.1 If I do sentence you to life imprisonment, then I must also order that you serve a minimum period of imprisonment, we call this an MPI.2 In your case, I must decide whether a minimum period of 17 years imprisonment for your offending is required or whether, in your case, it would be manifestly unjust to do so. In reaching my final decision about these matters, I will also take into account your personal circumstances, including the fact that you have pleaded guilty to this charge. In doing all of this, I must also refer to the principles and purposes of sentencing as they are set out in the Sentencing Act 2002 (Act) and other cases that are relevant to the issues I need to decide.

[4] When I get to the point where I need to refer to other cases, I will refer to them in passing in these remarks today but, where it is needed, I will include in my written sentencing remarks a fuller assessment of why I have decided these cases are either important or not so important to my decision. The reason I need to refer to case law is because fairness requires sentences of the Court to be consistent with other cases where the circumstances involved are similar.3

The offending

[5] I start by outlining what you did in the early hours of the morning on 14 January 2023 when you murdered your mother. And, in going through these, I…

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 Taylor

Details

AGLC: R v Taylor [2023] NZHC 3124
Case: [2023] NZHC 3124
Decision Date: 6 November 2023

CaseChat Overview and Summary

In the High Court of New Zealand, the case of the King v Jordan Taylor was heard, where Taylor pleaded guilty to murdering his mother. The court was required to determine whether a minimum period of imprisonment (MPI) of 17 years was appropriate and whether the presumption of life imprisonment should be displaced. The court considered the brutal nature of the crime, the mitigating factors such as Taylor's guilty plea, his youth, mental health issues, and the abusive relationship with his mother. The court found that while the crime was brutal, it was not callous due to Taylor's panicked response after the incident. Considering the mitigating factors, the court decided that a sentence of life imprisonment with an MPI of 10 years was appropriate, ensuring accountability and protection of potential future victims. The court declined to impose a firearms prohibition order as it was not deemed necessary, reasonable, or appropriate.

Orders