IN THE COURT OF APPEAL OF NEW ZEALAND
CA265/2009
[2009] NZCA 337THE QUEEN
v
WILLIAM MORRISON PARKER
Hearing:27 July 2009
Court:Baragwanath, Venning and Winkelmann JJ
Counsel:B S Cooper and R H Anderson for Appellant
A M Powell for Crown
Judgment:3 August 2009 at 2.30pm
JUDGMENT OF THE COURT
THE APPEAL IS DISMISSED.
____________________________________________________________________
REASONS OF THE COURT
(Given by Winkelmann J)
[1] Mr William Parker was convicted following trial of injuring with intent to injure. On 23 April 2009 Judge Weir sentenced him to two years imprisonment with special conditions to run for six months after release.
[2] Mr Parker appeals against his sentence on the ground that it was disproportionate to the sentences imposed on his co-offenders. He argues that the Judge over-estimated the seriousness of his role in the offending, giving insufficient weight to the limited role that he played compared to his co-offenders.
Factual background
[3] In the early hours of 22 July 2007 Mr Parker and his two co-offenders, Mr Mear and Mr Cresswell, were at a party at Mr Parker’s house. Two victims, Mr Kevin Hodge (aged 52) and his son Mr Jordan Hodge (aged 19) were walking home from town, on a route that took them past Mr Parker’s house. An exchange of words occurred. Mr Mear approached the two men, and a further verbal exchange took place. Mr Mear then proceeded to kick and punch Mr Jordan Hodge. Mr Cresswell joined the attack and helped to punch and kick Mr Jordan Hodge to the ground. Mr Kevin Hodge went to his son’s aid, lying over him on the ground to protect him from the attack. It was at this point that Mr Parker approached the group, kicking Mr Kevin Hodge once in the head. Mr Kevin Hodge’s eye was left swollen to the extent that it was effectively closed as a result of that kick. Although that was the full extent of Mr Parker’s involvement in the incident he caused the most significant injury suffered by either of the two victims.
[4] Mr Mear and Mr Cresswell continued their attack on the two victims after Mr Parker kicked Mr Hodge. In addition to the injury inflicted by Mr Parker, Mr Kevin Hodge suffered a laceration to the bridge of his nose, a cut to his temple and grazes to his hands, elbows and legs. His son received a cut to his head, a blood nose, sore ribs and back and a chipped tooth.
[5] Mr Parker, Mr Mear and Mr Cresswell were all convicted by a jury of injuring with intent to injure. Mr Parker was convicted on one count in respect of Mr Kevin Hodge, Mr Mear on one count in respect of Mr Jordan Hodge, and Mr Cresswell on one count in respect of Mr Kevin Hodge and one count in respect of Mr Jordan Hodge.
Sentencing decision
[6] Judge Weir had victim impact statements from the two victims and pre-sentence reports for each offender. The latter disclosed that Mr…
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- The Queen v Parker [2009] NZCA 337
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- [2009] NZCA 337
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CaseChat Overview and Summary
The legal issues before the Court involved determining whether the disparity in sentencing between Parker and his co-offenders was justifiable under the circumstances of the case. The Court had to assess the extent to which Parker's role in the offence warranted a harsher sentence and whether the Judge's reasoning for the disparity was sound. The Court referenced precedents such as R v Rameka and R v Lawson to evaluate whether the disparity was gross enough to warrant intervention.
The Court of Appeal dismissed Parker's appeal, finding that the Judge's assessment of the seriousness of Parker's role in the offence was correct. The Court noted that Parker's kicking of the victim in the head, which resulted in significant injury, was a critical factor that justified a harsher sentence. Additionally, Parker's age and criminal history were considered, both of which distinguished him from his co-offenders. The Court concluded that the disparity in sentencing was well-justified and consonant with the principles of justice. The Court also remarked on Parker's demonstrated remorse and potential for reform.
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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