R v Yates - [2017] NZHC 2236

INTERIM SUPPRESSION ORDERS CURRENTLY EXIST: SEE [32].

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI TERENGA PARĀOA ROHE

CRI-2016-029-392

[2017] NZHC 2236

THE QUEEN

v

RAWDEN YATES (NAME SUPPRESSED) CLARISSA JANE YATES

KYLE LEONARD OʼCALLAGHAN

Hearing: 15 September 2017

Appearances:

J P R Scott for Crown N S Leader for R Yates A Dooney for C Yates

D Blaikie for K OʼCallaghan

Sentence:

15 September 2017

SENTENCING REMARKS OF LANG J

R v OʼCALLAGHAN & ORS [2017] NZHC 2236 [15 September 2017]

[1] Mr Yates, you appear for sentence today having pleaded guilty to a charge of wounding with reckless disregard for the safety of others.

[2] Ms Yates and Mr O’Callaghan, you appear for sentence on the same charge having been found guilty by a jury on that charge.

[3] The maximum sentence in respect of the charge is one of seven years imprisonment.

Background

[4] The charges were laid as a result of an incident that occurred in the residential streets of Kaitaia in the early hours of 12 February 2016. I sentence Ms Yates and Mr O’Callaghan on the basis of the evidence given at trial. To the extent that those facts may differ, I sentence Mr Yates on the basis of a summary of facts that he agreed to prior to entering his guilty plea.

[5] The starting point for the events that gave rise to the charge was that Mr O’Callaghan went out to drink with friends or associates. During the course of the evening, he ended up in the company of Black Power members. Mr O’Callaghan is associated with the Tribesmen gang. An altercation occurred and he was physically assaulted as a result.

[6] He arrived back at his house and his mother was able to observe the injuries to his face. Sometime after that he went out again, despite her imploring him not to do so. It seems that he walked up the street and stopped outside a house occupied by a Mr Cole-Kuvarji. Mr Cole-Kuvarji has some connection with persons in the Black Power gang. Mr O’Callaghan must have done something to attract Mr Cole-Kuvarji’s attention, because Mr Cole Kuvarji went outside the property to speak to Mr O’Callaghan. There is little evidence about what then occurred, but whatever it was, it was sufficient in Mr Cole-Kuvarji’s eyes to send him to seek help. He drove to an address on the other side of Kaitaia where he enlisted the assistance of Mr Pater Waenga, another person associated with the Black Power gang. The two men then drove back to the street in which both Mr O’Callaghan and Mr Cole-Kuvarji lived. They drove to the end of the street and parked in the vicinity of Mr O’Callaghan’s

house. Mr O’Callaghan was still absent from the address at this time and his mother advised Mr Waenga and Mr Cole-Kuvarji of that fact. A short time later, however, Mr O’Callaghan arrived back at the address and was…

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 Yates

Details

AGLC: R v Yates [2017] NZHC 2236
Case: [2017] NZHC 2236
Decision Date: 15 September 2017

CaseChat Overview and Summary

The High Court of New Zealand presided over a case involving Rawden Yates, Clarissa Jane Yates, and Kyle Leonard O'Callaghan, who were charged with wounding with reckless disregard for the safety of others. The charges stemmed from an incident in Kaitaia, where O'Callaghan was assaulted and subsequently sought help from individuals associated with the Black Power gang. Yates, who was associated with the Tribesmen gang, arrived at the scene with an automatic weapon, firing shots that injured a man and caused property damage. The court considered the culpability of each defendant, taking into account the seriousness of the crime, the role each played, and various mitigating and aggravating factors. Rawden Yates was sentenced to four years and one month in prison, with a minimum term of two years before being eligible for parole. Clarissa Jane Yates received a sentence of three years and four months in prison, and Kyle Leonard O'Callaghan was sentenced to two years in prison, to be served in full and without parole. The court's sentencing remarks highlighted the gravity of the crime and the need to hold the offenders accountable for their actions.

Orders