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Sheed v The King

Sheed v The King

Case [2023] NZCA 488 5 October 2023

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IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA12/2023
[2023] NZCA 488

BETWEEN	LYNDON PAUL SHEED Appellant
AND	THE KING Respondent

Hearing:	31 August 2023
Court:	Miller, Ellis and van Bohemen JJ
Counsel:	L A Andersen KC and S Gaskell for Appellant FRJ Sinclair for Respondent
Judgment:	5 October 2023 at 11.30 am

JUDGMENT OF THE COURT

AThe appeal against conviction is dismissed.
BThe appeal against sentence is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Miller J)

Lyndon Sheed appeals his conviction and sentence for the manslaughter of Kane Wayman on 1 January 2021.[1] He was charged with murder but found guilty of manslaughter and sentenced to five years and six months’ imprisonment.[2]
[1]Crimes Act 1961, s 171.
[2]R v Sheed [2022] NZHC 3304 [sentencing notes] at [31].
The conviction appeal raises issues of identification, participation and causation in a group assault which took place at the Mongols’ gang pad at Burnham following an all-night party.

Narrative

We begin by identifying those involved, establishing their prior knowledge of one another, and giving an overview of the facts pertaining to the case against Mr Sheed.

The participants

Lyndon Sheed, aged 41 at the time of the incident, is a patched member of the Mongols Motorcycle Club. So is his older brother, Ricky Sheed.
Elizabeth (Liz) Sheed is Lyndon’s daughter. She was in a relationship with Mr Wayman. She had fallen out with him but he was attempting a reconciliation. Liz Sheed was also charged with murder, the Crown alleging that she had incited the attack on Mr Wayman. She was acquitted at trial.
Kane Wayman was not connected with the Mongols. It appears he may have met Mr Sheed on one earlier occasion.
Penny Poihipi, who was the key Crown witness, had begun what she described as a sexual connection with Mr Wayman after her release from prison on 20 December 2020.[3] She said that she withdrew from that relationship when she learned about Liz Sheed. She had not met any of the Sheeds until the night of the party and, Mr Wayman aside, did not know anyone else there.
[3]We note that an order suppressing Ms Poihipi’s name was made by Nation J prior to the trial: R v Sheed [2021] NZHC 3130 at [50]. The order was not renewed at trial or made permanent and counsel agree that it has effectively lapsed.
Mitchell Carston was a prospect for the Mongols who was said to have been involved in the attack on Mr Wayman. He too was charged with murder but acquitted.
A third man, who has never been identified, also participated in the attack on Mr Wayman. Ms Poihipi described him as Māori with curly hair (the curly-haired guy).

The narrative

It appears that Liz Sheed invited Mr Wayman to the party and he invited Ms Poihipi to accompany him. The two women met when Mr Wayman picked them up from their respective addresses and drove them to the party in…

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 Sheed v The King

Details

AGLC: Sheed v The King [2023] NZCA 488
Case: [2023] NZCA 488
Decision Date: 5 October 2023 at 11.30 am

CaseChat Overview and Summary

Lyndon Sheed appeals his conviction for manslaughter and his sentence. The Court of Appeal dismissed both the appeal against conviction and the appeal against sentence. The appeal against conviction raised issues of identification, participation, and causation in a group assault which took place at the Mongols' gang pad at Burnham following an all-night party. The appeal against sentence challenged the starting point and mitigating factors considered by the sentencing Judge. The Court found that the jury could properly find that Lyndon Sheed's identity as "the dad" and his participation in the attack on Mr Wayman were proved beyond reasonable doubt, and that the assault was a substantial and operating cause of death. The Court also found that the starting point adopted by the sentencing Judge was within range, and that the mitigating factors considered were not sufficient to warrant a discount in sentence. The appeal against conviction and the appeal against sentence were both dismissed.

Orders