| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA79/2019 [2020] NZCA 355 |
| BETWEEN | COLIN JAMES THOMPSON |
| AND | THE QUEEN |
| Hearing: | 27 July 2020 |
Court: | French, Woolford and Dunningham JJ |
Counsel: | S W Hughes QC for Appellant |
Judgment: | 19 August 2020 at 9 am |
JUDGMENT OF THE COURT
AThe application for leave to adduce the report of Dr Lehany dated 20 February 2020 is granted.
BThe appeal is allowed to the extent that the minimum period of imprisonment imposed by the High Court of 13 years and two months’ imprisonment is reduced to 12 years and four months’ imprisonment. The sentence of life imprisonment is confirmed.
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REASONS OF THE COURT
(Given by French J)
Introduction
Mr Thompson pleaded guilty to the murder of his landlord Mr Riddle. He was sentenced in the High Court by Dobson J to life imprisonment with a minimum period of imprisonment of 13 years and two months.[1]
[1]R v Thompson [2019] NZHC 72 [High Court sentencing].
He now appeals his sentence primarily on the grounds that due to a delusional disorder, life imprisonment was manifestly unjust under s 102(1) of the Sentencing Act 2002.
The facts of the murder
Mr Thompson and his wife rented a property on a farm owned by Mr Riddle. Mrs Thompson died in October 2017 following a lengthy illness. During the period of her illness, the relationship between Mr Riddle and Mr Thompson became fraught with arguments over unpaid rent and the state of the property. The situation escalated to the point where Mr Riddle who was in his late seventies felt threatened and would avoid face to face meetings with Mr Thompson.
Associates of Mr Thompson also became concerned after hearing Mr Thompson state on numerous occasions that he would shoot Mr Riddle if he continued to harass him. This resulted in one of the associates volunteering to be a facilitator or “go-between” to collect the rent.
The threats continued after Mrs Thompson died. In the weeks leading up to the murder, Mr Thompson told an associate that he had a gun ready and that if Mr Riddle kept harassing him he would shoot him without any hesitation. When another acquaintance commented that Mr Riddle had a right to expect the place to be tidy, Mr Thompson said he was going to shoot the mongrel anyway. On the day before the murder, he told someone else that he was going to shoot Mr Riddle.
On the day of the murder itself, 6 February 2018, Mr Riddle phoned Mr Thompson and spoke to him about the rent arrears. After going into town and withdrawing some money, Mr Thompson got back to Mr Riddle and invited him to the property to collect his rent. Mr Thompson then called two associates — one of whom was the go-between — and told them “I’ve been to the bank to get some more money to add…
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- AGLC
- Thompson v R [2020] NZCA 355
- Case
- [2020] NZCA 355
- Decision Date
CaseChat Overview and Summary
The Court of Appeal acknowledged that the threshold for finding a life sentence manifestly unjust was high. However, the Court took into account the additional psychiatric report provided by Dr Lehany, which suggested that while Thompson's delusional beliefs did not directly cause the murder, they did contribute to the escalation of anger and ultimately played a significant role in the offending. The Court also emphasised the importance of ensuring Thompson's delusional disorder was properly identified and treated to prevent any future risk to others. As a result, the Court of Appeal determined that the minimum period of imprisonment should be reduced from 13 years and 2 months to 12 years and 4 months.
The Court of Appeal granted the application to adduce the report of Dr Lehany dated 20 February 2020. The appeal was allowed to the extent that the minimum period of imprisonment was reduced to 12 years and 4 months. However, the sentence of life imprisonment was confirmed.
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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