R v Williams - [2013] NZHC 3173

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-092-001921 [2013] NZHC 3173

THE QUEEN

v

ZHIVARGO EDWARD BLAKE WILLIAMS

Hearing: 29 November 2013

Appearances: S L McColgan for Crown
M Dyhrberg for Prisoner

Judgment: 29 November 2013

SENTENCING REMARKS OF LANG J

R v ZHIVARGO EDWARD BLAKE WILLIAMS [2013] NZHC 3173 [29 November 2013]

[1] Mr Williams, you have pleaded guilty to a charge of manslaughter. That charge, as you know, carries a maximum sentence of life imprisonment. You pleaded guilty after I provided you with an indication of the sentence that would be imposed on you if you entered a guilty plea at this stage of the proceeding.1 For that reason, you are largely aware of the sentence you are going to receive and also of the Court’s reasoning in arriving at that sentence. Nevertheless, because the sentence
indication hearing was not the subject of publication, it is necessary for me to set out again the facts that gave rise to your offending.

[2] I add that, in addition to the charge of manslaughter, you have pleaded guilty to a charge of being in unlawful possession of an airgun. That charge carries a maximum sentence of four years imprisonment.

Background

[3] The charges to which you pleaded guilty arise out of a series of events that occurred on Saturday 12 January 2013. On that day, you met with your friend, Mr Townsley, who was ultimately to be your victim, and three other friends in Manurewa. You decided to go into the City, and you then spent the rest of the day in the St Heliers and Northcote areas. Whilst in St Heliers, you and other members of the group were drinking alcohol and smoking cannabis. At some stage whilst you were there, you also produced an air pistol from the glove box from the vehicle in which you had been travelling, and you showed this to Mr Townsley.

[4] After leaving St Heliers you travelled over the Harbour Bridge to Northcote Point, where you continued drinking alcohol. You then went back to the Mt Eden Domain where, again, alcohol was consumed. At about 7.30 pm, you left Mt Eden and commenced the trip back to Manurewa. Before doing so, however, you and your associates stopped to purchase further alcohol.

[5] An incident occurred as your vehicle was entering the southern motorway at the Symons Street on-ramp. As your vehicle entered the on-ramp, it almost collided
with another vehicle that was travelling in a southerly direction on the motorway.

1 R v Williams [2013] NZHC 2610 (Copy attached).

This led to some form of verbal exchange between the occupants of the two cars. Your vehicle then pulled in front of the other vehicle, and your vehicle continued travelling south. When your vehicle reached the Greenlane exit, you reached out of the front passenger seat window and pointed the air pistol back towards the vehicle that had nearly been involved with a collision with your vehicle. Not surprisingly, this caused…

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 Williams

Details

AGLC: R v Williams [2013] NZHC 3173
Case: [2013] NZHC 3173
Decision Date: 29 November 2013

CaseChat Overview and Summary

In the High Court of New Zealand, Auckland Registry, Zhivargo Edward Blake Williams was convicted of manslaughter and unlawful possession of an airgun. The case arose from a series of events on 12 January 2013, when Williams and his friends were drinking alcohol and smoking cannabis in St Heliers. Later, in Northcote, Williams pointed an air pistol at another vehicle, causing fear. Upon returning home, Williams fired an air rifle in the direction of his friend, Shaun Townsley, who was urinating, accidentally killing him. The legal issues before the court involved determining the appropriate starting point and sentence for Williams' convictions, taking into account aggravating and mitigating factors, as well as the impact of his guilty pleas.

The court established a starting point of four years imprisonment for the manslaughter charge, considering the recklessness demonstrated by Williams, the consumption of alcohol and drugs, and the need for general deterrence. An additional four months were added for the air pistol incident. Mitigating factors included Williams' age at the time of the offence, his remorse, and his guilty pleas. A discount of 20% was applied for the guilty pleas, resulting in a final sentence of two years and seven months imprisonment for the manslaughter charge, and three months for the airgun charge, to be served concurrently.

The court's reasoning and outcome were based on a careful consideration of the circumstances of the case, the principles of sentencing, and the need to balance the interests of the victim's family, the community, and the offender. The final orders were for Williams to serve a total sentence of two years and ten months imprisonment, reflecting the court's assessment of the seriousness of the offences and the mitigating factors presented.

Orders