R v Warren - [2017] NZHC 1913

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI-2016-087-335 [2017] NZHC 1913

THE QUEEN

v

RHYS RICHARD NGAHIWI WARREN

Counsel:
A J Pollett and N T C Batts for Crown

Prisoner in person
R M Mansfield (Amicus Curiae)

Charges:

Attempted murder (2)
Using a firearm against a law enforcement officer
Wounding with intent to cause grievous bodily harm

Plea:

Not Guilty

Sentenced:

11 August 2017

SENTENCING NOTES OF BREWER J

Solicitors:
Hollister-Jones Lellman (Tauranga) for Crown

R v WARREN [2017] NZHC 1913

Introduction

[1] Mr Warren, the jury found you guilty of the following charges: (a) Attempting to murder Sergeant White;
(b) Using a firearm against Constable Mauheni;

(c) Wounding Constable Flinn with intent to cause him grievous bodily harm;

(d) Attempting to murder Sergeant Marsh.

[2] The maximum penalty for each of these charges is 14 years’ imprisonment.

Background

[3] The charges arose from what happened at Onepu Springs Road on 9 March

2016. In summary, the Armed Offenders Squad (AOS) came to the house you were occupying because police officers involved in a cannabis recovery operation had reported shots being fired in the vicinity. The Police suspected that whoever fired the shots was in the house. They surrounded the house and used a loud hailer system to appeal to any occupants to come out. You chose to remain concealed in the house and you neither responded to the Police appeals nor gave any sign that you were there. The Police got the landline number for the house and rang it repeatedly. You did not answer the telephone.

[4] The Police threw stones onto the roof of the house to try to get any occupant to engage with them. You remained concealed and did not react.

[5] The Police made a reconnaissance of the exterior of the house. Members of the AOS went up to the house very carefully and then worked around the outside of it. They broke several windows to see inside and they made voice appeals. You stayed hidden and silent.

[6] The Police again made appeals through a loud hailer system. You did not respond.

[7] Finally, after some hours, the Police decided to go into the house and search it. They decided to do this very carefully as they suspected that there might be someone inside and that he might be armed.

[8] First the Police made sure that there was no-one in the kitchen/lounge area. Then they started to work their way down the hall where the bedrooms and bathroom are. The hall is short, only six metres in length. It is narrow, only about a metre wide.

[9] Sergeant White led the way down the passage. He was wearing the protective gear of an AOS officer and he was carrying his rifle up to his shoulder and looking forward over the optical sight. At the end of the hall, to the right, there is an alcove leading to the bathroom. That is where you were hiding. You knew that police officers…

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 Warren

Details

AGLC: R v Warren [2017] NZHC 1913
Case: [2017] NZHC 1913
Decision Date: 11 August 2017

CaseChat Overview and Summary

Rhys Warren has been sentenced to preventive detention following his convictions for attempted murder, using a firearm against a police officer, and wounding with intent to cause grievous bodily harm. The jury found him guilty of shooting at three police officers during an incident at his house on 9 March 2016. He has been sentenced to 10 years' imprisonment, to be served in preventive detention. The sentencing judge found that Mr Warren poses a significant and ongoing risk to the safety of the community and that a finite sentence would not adequately protect the public from his violent offending. The judge considered Mr Warren's history of attacks on public officials, the seriousness of the harm caused by his offending, and the reports of health professionals indicating a tendency on his part to commit serious offences in the future. The judge also noted that Mr Warren has not shown any willingness to change his views or engage in treatment programs. The decision to sentence Mr Warren to preventive detention was made in order to provide ongoing protection for the community and to incentivize him to engage in successful treatment.

Orders