R v Wickens - [2019] NZHC 1894

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2018-019-4429

[2019] NZHC 1894

THE QUEEN

v

GRANT STEWART WICKENS

Hearing: 1 August 2019

Appearances:

J N Foster for Crown

C D Bean for Defendant

Sentencing:

1 August 2019

SENTENCING REMARKS OF PETERS J

Solicitors:Almao Douch, Crown Solicitor, Hamilton Bean Law Ltd, Hamilton

R v WICKENS [2019] NZHC 1894 [1 August 2019]

Introduction

[1] Mr Wickens, today I am sentencing you in relation to the kidnapping of Mr Mitchell Paterson on 12 July 2018, and on one charge of conspiring to defeat the course of justice which arises from events after Mr Paterson’s death.1

[2] You pleaded guilty to these charges on 18 June 2019. Justice Lang gave you what we refer to as a “first strike” warning at the time so I do not need to repeat that today.2

[3] I shall start today by summarising the facts of your offending. Once I have done that, I shall turn to the sentencing itself.

Facts

[4] In the early hours of 12 July 2018, you and others were at Leon Wilson’s house, he being the president of the local chapter of the Nomads gang. Apparently Mr Paterson had been “bad mouthing” Wilson, Wilson directed that Mr Paterson should brought to Wilson’s house and Simon Walker, who I sentenced this morning, went with two others, Dylan Boyle and Chloe Kerridge, to find Mr Paterson.

[5] At 2 am, you, Wilson and Christopher Smith drove to Mr Paterson’s address. By the time you arrived, Mr Paterson was in the car containing Walker, Boyle and Kerridge.

[6] All of you started on the five minutes plus return journey to Wilson’s house – Boyle, Kerridge, Walker and Mr Paterson in one car, and you, Wilson and Smith in the other with Smith driving. Mr Paterson was not a willing passenger and was struggling. He kicked out the back window of the car at which point all of you stopped, Smith got into the vehicle Walker and Mr Paterson were in, and you took over the driving from Smith.

1 Crimes Act 1961, ss 66, 209(b) and 116. Maximum penalty on the kidnapping charge is 14 years’ imprisonment and seven years’ imprisonment on the conspiracy charge.
2 Sentencing Act 2002, s 86B(1).

[7] Mr Bean has submitted that you did not realise that Mr Paterson was an unwilling passenger until he smashed out the back window of the car. I do not accept that. Two carloads of grown men would not have been required to collect Mr Paterson in the early hours of the morning if he was a willing passenger. You must have known what was going on.

[8] By the time all of you arrived at Wilson’s house, Mr Paterson was dead or very close to it, but no one called 111.

[9] Instead, you all hatched a plan to dispose of Mr Paterson’s body, namely that the body would be put in a car,…

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 Wickens

Details

AGLC: R v Wickens [2019] NZHC 1894
Case: [2019] NZHC 1894
Decision Date: 1 August 2019

CaseChat Overview and Summary

In the High Court of New Zealand, Auckland Registry, the court heard the sentencing of Grant Stewart Wickens on charges of kidnapping and conspiracy to defeat the course of justice. Wickens pleaded guilty to kidnapping Mr Mitchell Paterson on July 12, 2018, and conspiring to defeat the course of justice after Paterson’s death. The court had to determine an appropriate sentence for Wickens considering the circumstances of the offences and his personal factors.

The legal issues involved establishing a starting point for the kidnapping and conspiracy charges, considering aggravating and mitigating factors personal to Wickens, and determining the final sentence. The court needed to hold Wickens accountable for his actions, denounce the behaviour, and impose a sentence that deters similar offending in the future. The starting point was determined by comparing Wickens' role to others involved in similar offences, and personal factors such as his guilty plea and involvement under release conditions were considered.

The court found that Wickens must have known Paterson was an unwilling participant and was involved in the conspiracy to dispose of Paterson’s body. The starting point for the kidnapping charge was set at two years, three months, and for the conspiracy charge, it was set at two years, six months. After considering Wickens' early guilty plea, the court determined a final sentence of two years, five months’ imprisonment, to be served concurrently.

Orders