R v Taylor - [2016] NZHC 1620

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI-2015-025-876 [2016] NZHC 1620

THE CROWN

v

AHU STANLEY TAYLOR

Hearing: 15 July 2016

Appearances:

M J Thomas for the Crown
R Eagles for the Defendant

Sentenced:

15 July 2016

SENTENCING REMARKS AND SENTENCING OF NICHOLAS DAVIDSON J

[1] Mr Taylor you may remain seated until the end of these Remarks.

Charges for Sentence

[2] Ahu Taylor, you are for sentence following your conviction for the attempted murder of Mr Kahu Vincent following trial by jury. This charge carries a maximum of 14 years imprisonment.1

[3] You pleaded guilty to a charge of causing grievous bodily harm to
Mr Vincent, with intent to do so. That was laid in the alternative and you are therefore not sentenced on that charge.

1 Crimes Act 1961, s 173(1).

R v AHU TAYLOR [2016] NZHC 1620 [15 July 2016] (Sentencing)

Facts

[4] The background has been set out in the remarks of Justice Mander when sentencing Mr Rowles for his part in the same incident, and also by the Court of Appeal.

[5] Mr Rowles was convicted on his plea of guilty, that with intent, he caused grievous bodily harm to Mr Vincent. He did not face trial for attempted murder. With modification to reflect my perspective of your actions, I adopt and expand some of Justice Mander’s factual summary as follows.

[6] The CCTV footage of the interior of the Night ‘n’ Day Convenience Store in

Wanaka shows your entering the store with Mr Rowles in the early hours of

9 May 2015.

[7] The footage shows Mr Vincent in cheerful mood before you and Mr Rowles entered the store. He greeted a number of other customers and interacted with them in a physical and friendly way.

[8] You came into the store and were engaged near the door while Mr Vincent was at the far end talking with another customer.

[9] Mr Rowles arrived and looked at his cell phone. Mr Vincent and he twice interacted in the same friendly way. About the time of their second contact you rolled onto your back when trying to get something from a lower shelf. Mr Vincent was not involved. Still there was no sign of what was to come.

[10] Mr Rowles then pointed to Mr Vincent. Whether he said anything is not apparent. There followed a brutal and unrelenting assault on him, in which you and Mr Rowles participated, lasting over four minutes. You landed the first heavy blow. The three of you came together and Mr Rowles punched Mr Vincent while you were holding him. He was bent over. Mr Rowles then began striking him, then kneed him, while you held him. You and Mr Rowles then began to knee and kick him.

[11] He fell to the floor, then got up and tried to stand his ground before Mr Rowles attacked him violently and they went behind a counter while you stood apart. You had put your hoodie up.

[12] Mr…

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 [2016] NZHC 1620
Case: [2016] NZHC 1620
Decision Date: 15 July 2016

CaseChat Overview and Summary

Ahu Stanley Taylor was convicted by jury of the attempted murder of Mr Kahu Vincent. Taylor also pleaded guilty to causing grievous bodily harm to Mr Vincent with intent. The facts of the case reveal a brutal and unrelenting assault on Mr Vincent by Taylor and another individual, lasting over four minutes, with Taylor delivering a particularly frenzied and violent attack on Mr Vincent while he was unconscious or inert. The consequences for Mr Vincent and his family have been profound, with Mr Vincent suffering significant neurological deficits, cognitive dysfunction, and ongoing recovery. The court considered the aggravating factors of the extreme violence and the intent to kill, as well as the mitigating factors of Taylor's remorse and offer of financial recompense. The court determined that an end sentence of 10 years and 8 months imprisonment was appropriate, with a minimum period of imprisonment of five years. The court emphasised the need to hold Taylor accountable for the harm done, denounce the conduct, and deter future offending.

Orders