R v Taylor - [2018] NZHC 2284

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2017-087-131

[2018] NZHC 2284

THE QUEEN

v

BUTLER TAYLOR

Hearing: 30 August 2018

Appearances:

O M Salt for Crown

B Hesketh for Defendant

Judgment:

30 August 2018

SENTENCING REMARKS OF LANG J

R v TAYLOR [2018] NZHC 2284 [30 August 2018]

[1] Mr Taylor, you appear for sentence today having pleaded guilty to charges of participating in an organised criminal group,1 using a firearm against an enforcement officer2 and discharging a firearm with reckless disregard for the safety of others.3 Those charges carry maximum sentences of ten years, 14 years and seven years imprisonment respectively.

[2] The Crown has offered no evidence on the remaining charges that you face and I now make an order discharging you on those charges under s 147 of the Criminal Procedure Act 2011.

Background

[3] Your offending occurred as a result of a series of events that took place in and around the Whakatane township on the afternoon of 17 January 2017. On that date the Black Power gang, with whom you were then closely affiliated, learned that a funeral procession comprising members and associates of their rival gang, the Mongrel Mob, was to travel through Whakatane. The procession was to make its way through the town en route to the crematorium on the outskirts of the town. This occurred against a backdrop of increasing tensions between the two gangs because of a series of incidents that had occurred during the previous two weeks.

[4] The Black Power members were angry that the Mongrel Mob would trespass on what they considered to be their territory. For that reason they gathered at various points around Whakatane township where they believed the procession might enter the town. You were seen in a gathering of Black Power members near Rex Morpeth Park at the intersection of Valley Road and Gorge Road.

[5] The incident that gave rise to the charges occurred as a result of another incident that took place in a service lane just off Valley Road. The Mongrel Mob procession arrived in Whakatane using Valley Road and intended to travel along Valley Road to Gorge Road. A short distance before the intersection with Arawa Road, several members of the Black Power group attacked the funeral procession by

1      Crimes Act 1961, s 98A.
2      Crimes Act, s 198A(1).
3      Crimes Act, s 198.

throwing missiles at it. These comprised rocks, sticks and bottles. Predictably the Mongrel Mob responded in a violent way. Shots were discharged from the procession in the direction of the Black Power members who had ambushed the convoy. Vehicles driven by Mongrel Mob members also chased the Black Power members down the service land, and in one instance endeavoured to run a Black Power member over.

[6] Word got out very quickly that shots had been fired against the Black Power, and I have no doubt you learned of this whilst you were in…

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 [2018] NZHC 2284
Case: [2018] NZHC 2284
Decision Date: 30 August 2018

CaseChat Overview and Summary

The defendant, Butler Taylor, appeared before the High Court of New Zealand for sentencing following his guilty plea to charges of participating in an organised criminal group, using a firearm against an enforcement officer, and discharging a firearm with reckless disregard for the safety of others. These charges carry maximum sentences of ten years, 14 years, and seven years imprisonment respectively. The Crown did not present evidence on the remaining charges against Taylor, leading the court to discharge him on those charges under section 147 of the Criminal Procedure Act 2011.

The legal issues the court needed to address involved determining the appropriate starting point for sentencing, considering aggravating and mitigating factors, and finally deciding on the appropriate sentence. The starting point was influenced by the comparison with another offender in a similar situation, Mr Stuart, who received a sentence of five years and six months imprisonment. The court adjusted this starting point to account for Taylor's slightly more serious actions, such as brandishing a firearm himself, leading to a starting point of five years and nine months. The court also considered aggravating and mitigating factors, including Taylor's previous convictions, his remorse, his efforts to distance himself from gang activity, and his compliance with bail conditions.

In its reasoning, the court selected a starting point of five years and nine months imprisonment, reflecting Taylor's culpability. It declined to add an uplift for previous convictions due to their different nature. Mitigating factors, such as Taylor's remorse, his decision to leave the gang, and his ability to maintain employment, led to a discount of seven months. Additionally, Taylor's time on restrictive electronic monitoring bail conditions resulted in a further three-month discount. The court also applied a 20% discount for Taylor's guilty pleas, reducing his sentence to three years and eleven months imprisonment, to be served concurrently on all charges.

Orders