R v Wallace - [2021] NZHC 1352

IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE

CRI 2019-083-1448

[2021] NZHC 1352

THE QUEEN

v

STEVEN WALLACE LEEANN WALLACE

Hearing: 9 June 2021 (via AVL)

Counsel:

C B Wilkinson-Smith and R N Benic for Crown R B Crowley for Steven Wallace

S J Burlace for Leeann Wallace

Sentencing:

9 June 2021

SENTENCING NOTES OF MALLON J

Introduction

[1] Steven Wallace, you have pleaded guilty to a charge of attempting to pervert the course of justice.1 Leeann Kristiansen (née Wallace), you were convicted of the same charge following a jury trial. You are both now to be sentenced. Your daughter, Stevie-Lee, has already been sentenced on the same charge to which she pleaded guilty at an earlier time.2

[2] Your offending relates to the death of Jasmine Wilson. Your son, Zane Wallace, is charged with her murder and his trial is now to take place next year. Your offending

1 Crimes Act 1961, s 117(e).
2 R v Wallace [2020] NZHC 3176.

R v WALLACE [2021] NZHC 1352 [9 June 2021]

arises out of your actions on the morning of 31 July 2019 when Ms Wilson was taken to hospital with serious injuries from which she later died.

The offending

Summary of facts

[3] Steven, you found the severely injured Ms Wilson at Zane’s Whanganui East address around 9 am that morning. You placed her into your car and drove towards Whanganui Hospital. At 9.10 am, you called Leeann. At 9.13 am there was a further call from Leeann to you.

[4] At the time of these calls, you, Leeann, were with your daughter Stevie-Lee at a Castlecliff address. Shortly after these calls, you and Stevie-Lee left the Castlecliff address and drove in separate cars towards the hospital. Leeann, you were always intending to drive to the hospital at this time because you had a pre-arranged 9.30 am hospital appointment to attend for tumours on your legs.

[5] Steven, you arrived at the hospital carpark at 9.19 am. You drove around the carpark, with Ms Wilson in the back of your car, waiting for Leeann and Stevie-Lee to arrive. Leeann, you arrived at the hospital carpark at 9.24 am. Stevie-Lee arrived at 9.25 am.

[6] Steven, you and Stevie-Lee swapped cars, and then Stevie-Lee drove your car to the emergency department and alerted hospital staff that Ms Wilson was in the car and was seriously unwell. While at the hospital, Stevie-Lee gave false accounts to the hospital staff of how she had come to find Ms Wilson with those injuries.

[7] Ms Wilson was treated by the hospital staff. She was subsequently transferred to Wellington Hospital where she later died as a result of her injuries.

Other information

[8] The Crown says that as a result of the swapping of the cars and the story that Stevie-Lee told the hospital staff, the Police conducted a scene examination at Steven’s address and this involved multiple personnel and several days’ work. That…

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 Wallace

Details

AGLC: R v Wallace [2021] NZHC 1352
Case: [2021] NZHC 1352
Decision Date: 9 June 2021

CaseChat Overview and Summary

In the High Court of New Zealand, the case of R v Wallace involved Steven Wallace and Leeann Wallace, who were both charged with attempting to pervert the course of justice. The charges stemmed from their involvement in the death of Jasmine Wilson. Their son, Zane Wallace, was separately charged with the murder of Jasmine Wilson and his trial was scheduled for the following year. The legal issues before the court were the appropriate starting point for sentencing and the appropriate sentence for each defendant considering their respective roles in the offence, their culpability, and personal factors.

The court determined that Steven Wallace had the most significant role in the offence as he made the decision not to involve authorities upon finding Jasmine Wilson injured. However, he did not lie to hospital staff and admitted his involvement to the police soon after the incident. The court found that Leeann Wallace's role was to contribute to planning who would take Jasmine Wilson to the hospital emergency department but did not take any positive steps in executing the plan. The court decided that a starting point of five months' imprisonment was appropriate for Steven Wallace and four months for Leeann Wallace. Considering the personal factors and mitigating circumstances, the court decided to commute the sentences to community-based sentences involving community work.

The final orders of the court were that Steven Wallace was sentenced to 200 hours of community work and a period of six months' supervision subject to the standard conditions, while Leeann Wallace was sentenced to 200 hours of community work. The court emphasised that both defendants should give back to the community through community work, which would serve as an appropriate sentence in their circumstances.

Orders