Savage v The Queen

Case [2015] NZCA 550


IN THE COURT OF APPEAL OF NEW ZEALAND

CA475/2014
[2015] NZCA 550

BETWEEN

DEREK MAYNARD SAVAGE
Appellant

AND

THE QUEEN
Respondent

CA494/2014

BETWEEN

TERERE KIWAHO MACDONALD
Appellant

AND

THE QUEEN
Respondent

CA611/2014

BETWEEN

DEUCE DERRICK JUNIOR EVO SAVAGE
Appellant

AND

THE QUEEN
Respondent

Hearing:

22 October 2015

Court:

Harrison, Heath and Collins JJ

Counsel:

N M Dutch for Appellant (CA475/2014)
W T Nabney for Appellant (CA494/2014)
J C Gwilliam for Appellant (CA611/2014)
M D Downs for Respondent

Judgment:

17 November 2015 at 3 pm

JUDGMENT OF THE COURT

AAn extension of time to appeal in CA611/2014 is granted.

BThe appeals against conviction and sentence in CA475/2014 and CA611/2014 are dismissed.

CThe appeal against sentence in CA494/2014 is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Harrison J)

Introduction

  1. Terere MacDonald, Derek Savage and his son, Deuce Savage, were found guilty following a trial before Lang J and a jury in the High Court at Rotorua of two counts of discharging firearms with intent to cause grievous bodily harm to two victims.  Mr MacDonald and Deuce Savage were found guilty of aggravated robbery.  Deuce Savage was also found guilty of demanding with menaces.

  2. Lang J sentenced Mr MacDonald to a term of 14 and a half years imprisonment, Derek Savage to 12 and a half years imprisonment, and Deuce Savage to 14 years and nine months imprisonment.[1] Minimum sentences of imprisonment of six years and four months were imposed on each man. 

  3. Messrs Derek and Deuce Savage appeal against their convictions and sentence.  Mr MacDonald appeals against his sentence only.

Facts

  1. In chronological sequence, and by reference to the charge against Deuce Savage of demanding with menaces, it is undisputed that on 13 August 2013 Desmond Ngaheu threatened Justin Sattler with violence unless he paid $200.  Deuce Savage is a large man.  He had arrived at Mr Sattler’s address in Kawerau shortly before Mr Ngaheu.  He was present when the offending occurred.  The Crown’s case against Deuce Savage was that, while he did not make any direct threats against Mr Sattler, his presence acted as an intimidating factor which assisted Mr Ngaheu as the principal offender on the charge of demanding with menaces.

  2. Shortly afterwards on the same day Messrs MacDonald and Deuce Savage visited Jeremy August at his house in Kawerau.  Mr August is a drug dealer.  All men are said to be members of the Mongrel Mob gang.  Acting in concert and wearing disguises, Mr MacDonald and Deuce Savage robbed Mr August of cash and cannabis.  They also advised him that he would be able to continue to deal drugs in Kawerau provided that activity was conducted under the Mongrel Mob’s auspices.  Despite their disguises, Mr August recognised both men. 

  3. At 5 am on 13 September 2013 Mr MacDonald returned to Mr August’s home.  He demanded that Mr August give him something because he had to “have something to take back to the boys”.  By these words, Mr MacDonald was allegedly…

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AGLC
Savage v The Queen [2015] NZCA 550
Case
[2015] NZCA 550
Decision Date

CaseChat Overview and Summary

The appellants, Derek Maynard Savage, Terere Kiwaho MacDonald, and Deuce Derrick Junior Evo Savage, were found guilty of serious criminal charges including discharging firearms with intent to cause grievous bodily harm, aggravated robbery, and demanding with menaces. Each appellant sought to challenge both their convictions and sentences. The Court of Appeal considered the arguments raised concerning the admissibility and reliability of identification evidence, the appropriateness of joinder of charges, and the starting point and cumulative nature of the sentences imposed. The Court found no grounds to overturn the convictions or sentences. The identification evidence was deemed reliable, and the joinder of charges was appropriate. The sentences, which reflected the seriousness of the crimes, were considered fair and in accordance with sentencing principles. The appeals were dismissed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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