IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CRI-2016-029-000177 [2018] NZHC 2600
THE QUEEN
v
RAWDEN JAMES YATES
Hearing: 5 October 2018 Counsel:
RB Annandale for Crown
NS Leader and KC Bailey for DefendantJudgment:
5 October 2018
SENTENCING REMARKS OF DOWNS J
Solicitors/Counsel:
Crown Solicitor, Whangarei. NS Leader, Whangarei.
KC Bailey, Paparoa.
R v YATES [2018] NZHC 2600 [5 October 2018]
Introduction
[1] Mr Rawden Yates, you were found guilty of murder after a three-week jury trial. Your victim, Mr Kimble Moore, was an acquaintance and member of the same gang, the Tribesmen. More importantly though, Mr Moore was also a father, step- father, sibling, son, partner and uncle.
[2] It is common ground I must impose a sentence of life imprisonment. Life imprisonment requires a minimum period of 10 years. The only issue is whether this should be increased. That said, most murderers are not released as soon as they are eligible for parole. I mention this because it is often overlooked. Now the facts of your case.
Facts
[3] Mr Moore and his partner went to your home in the early hours of 17 March
2016. You were on the run from Police at the time. More about that later. You arrived home a little after Mr Moore and his partner. Methamphetamine was consumed. And later, food. You encouraged Mr Moore to leave with you—alone. His partner did not want him to go with you. Her instincts were right. After leaving your home, you shot Mr Moore three times, killing him.
[4] Detail of the critical sequence remains unclear, because no one saw what you did, and because you hid Mr Moore’s body. However, the sequence consistent with the evidence, the jury’s verdict, and that which I find occurred is this:1
(a) At approximately quarter to seven the same morning, two witnesses encountered your distinctive car on the roadside. It had broken down. You asked for a jump-start. In the middle of all this, Mr Moore fell out of the car after opening the passenger’s door. You put him back in very roughly, with what was described as a punch, or “boof”.
(b)The witnesses thought Mr Moore was “really drunk”, “pretty stuffed”, or both. In fact, Mr Moore was seriously injured because you had shot him once to the abdomen.
(c) After the witnesses left, you killed Mr Moore by shooting him twice.
You did so from behind. Both bullets entered Mr Moore’s back, and passed through his body on a downward trajectory.
(d)You used a different gun to inflict these shoots from that you used to cause the wound to his abdomen.
(e) Whether you killed Mr Moore at the roadside, a short distance away, inside your car or outside, is unclear. However, your lethal shots to
Mr Moore’s back were fired “a very short time” after you had shot him to the abdomen, as there was no blood in that wound but was in the two…
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- R v Yates [2018] NZHC 2600
- Case
- [2018] NZHC 2600
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Orders
Orders of the court
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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