R v Taylor - [2020] NZHC 3333

ORDER REDACTING PARAS [37] AND [38] OF THIS JUDGMENT IN ANY PUBLICATION THAT MAY OCCUR

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CRI-2020-075-000500

[2020] NZHC 3333

THE QUEEN

v

JONATHON MARK ALLEN TAYLOR

Hearing: 15 December 2020

Appearances:

J Hamilton for the Crown M Sturm for Defendant

Sentencing Notes:

15 December 2020

SENTENCING NOTES OF WYLIE J [REDACTED VERSION]

Solicitors/counsel:
Crown Solicitor, Hamilton M Sturm, Rotorua

R v TAYLOR [2020] NZHC 3333 [15 December 2020]

Introduction

[1] Can I start by acknowledging the presence of the members of the Williams family in Court today. I can understand why you are here. You will appreciate that Mr Taylor is not the principle offender and I am sorry that nothing I can say today will appease the grief and hurt I am sure you will feel, but I acknowledge your presence here today.

[2]Mr Taylor, you may remain seated until I ask you to stand.

[3] You appear for sentence today on one charge of being in possession of a firearm without lawful excuse. That is an offence pursuant to s 45(1) of the Arms Act 1983. It is subject to a maximum penalty of four years’ imprisonment.

[4] You were charged jointly with Adrian Phillips. He was also charged with murder. You entered a guilty plea to the charge against you on 27 October 2020.

Factual background

[5] You are charged as a result of an operation known as Operation Collinsville. This operation concerned a police investigation into the murder of Brayden Williams on 5 August 2020 at Kopu. The police allege that Mr Williams was killed by Mr Phillips.

[6] You and Mr Phillips were very good friends. Neither of you had a firearms licence.

[7] In around March or April 2020, you found a single barrel shotgun in a bush area on the Coromandel. You took the gun back to your home address in Thames. You then secured it in a gun safe in your bedroom.

[8] You told Mr Phillips that you had the shotgun. Between 14 July 2020 and 22 July 2020, you and Mr Phillips discussed the sale of the shotgun, and Mr Phillips ultimately agreed to buy it from you for $100. He came to your home. He paid you the agreed sum of $100 and collected the shotgun from you.

[9] On 12 August 2020, the police executed a search warrant at your house. They found three shotgun shells and three live .22 rounds in your bedroom.

[10] You made a full admission to the police. You stated that you did not know that Mr Phillips intended to use the gun against any person.

Criminal history

[11]It is common ground that you have not previously appeared before the Court.

Provision of Advice to Courts report

[12] A pre-sentence report has been prepared. It records that the firearm is “not an untypical pig hunting weapon”. You told the report writer that you thought the gun…

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 [2020] NZHC 3333
Case: [2020] NZHC 3333
Decision Date: 15 December 2020

CaseChat Overview and Summary

The defendant, Jonathon Mark Allen Taylor, appeared before the Hamilton Registry of the High Court of New Zealand for sentencing on a charge of being in possession of a firearm without lawful excuse under s 45(1) of the Arms Act 1983. This charge arose from Operation Collinsville, a police investigation into the murder of Brayden Williams on 5 August 2020, where Taylor was jointly charged with Adrian Phillips. Taylor pleaded guilty to the charge on 27 October 2020. The legal issues included whether the aggravating factors argued by the Crown were appropriate, and the appropriate sentence considering the purposes and principles of sentencing as outlined in the Sentencing Act.

The court analyzed the aggravating factors proposed by the Crown, such as premeditation, the nature of the weapon, and victim impact. The judge disagreed with the Crown's assertion that the type of firearm was an aggravating factor, noting that any firearm possession is inherently part of the offence. The court also found that there was insufficient evidence to suggest Taylor should have foreseen that Phillips might use the firearm to harm someone. The judge determined a starting point of 18 months' imprisonment, considering mitigating factors such as Taylor's good character, youth, remorse, and guilty plea, which resulted in a 50% discount on the starting sentence.

The court concluded that a sentence of imprisonment was not appropriate given Taylor's background and the mitigating factors. Instead, Taylor was sentenced to 300 hours of community work and four months of community detention to be served concurrently. The court also ordered the destruction of the ammunition found in Taylor's possession. The judge lifted the interim name suppression order previously granted to Taylor.

The final orders included a direction for Taylor to serve his community detention at a specified address with a curfew from 7 pm to 6 am, Monday to Friday, starting on 16 December 2020.

Orders