| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA870/2013 [2015] NZCA 201 |
| BETWEEN | DEAN MICHAEL VINCENT |
| AND | THE QUEEN |
| Hearing: | 30 April 2015 |
Court: | Randerson, Miller and Cooper JJ |
Counsel: | R M Lithgow QC and N Levy for Appellant |
Judgment: | 27 May 2015 at 11:30 am |
JUDGMENT OF THE COURT
AThe appeal against conviction is dismissed.
B The appeal against sentence is allowed.
CThe sentence of six years imprisonment is quashed and a sentence of four and a half years imprisonment is substituted, cumulative upon all existing sentences.
____________________________________________________________________
REASONS OF THE COURT
(Given by Randerson J)
Table of Contents
| Para No | |
| Introduction Submissions The jury questions First and second questions The appeal against sentence The Judge’s approach Result | [1] [3] [7] [11] [14] [15] [17] [20] [20] [24] [30] [35] [41] [41] [45] [47] [53] [53] [58] [63] [66] |
Introduction
The appellant Mr Vincent was found guilty after a jury trial in the District Court on one count under s 188(1) of the Crimes Act 1961 of wounding with intent to cause grievous bodily harm.[1] Judge Davidson presided over the trial and sentenced the appellant on 28 November 2013 to six years imprisonment, cumulative upon other sentences of imprisonment then being served.
[1]R v Vincent DC Wellington CRI-2012-078-1364, 28 November 2013.
Mr Vincent now appeals against both conviction and sentence. He advances the conviction appeal on two grounds:
(a)The trial Judge wrongly took away self-defence from the jury.
(b)The Judge erred in answering jury questions.
The circumstances of the offending
The incident giving rise to the charge occurred on 28 August 2012 in the High Medium Unit at Rimutaka Prison where both Mr Vincent and the victim Mr Stoneham were fellow inmates. It is not in dispute that, on that day, Mr Vincent stabbed Mr Stoneham four times in the back of his neck using a makeshift knife Mr Vincent had fashioned for the purpose. Four days before this occurred, there had been a confrontation between the two men in an exercise yard at the prison. Mr Vincent believed that Mr Stoneham was deliberately kicking a basketball at him. There was a scuffle between the two men and punches were thrown.
Between 24 August and 28 August 2012, the two men were placed on separate management routines to avoid further confrontation. On 28 August 2012, both were interviewed by a senior Corrections officer and, after assurances were received, the men were returned to their earlier routine in which they were managed together.
Later that day, Mr Stoneham was seated in the unit with…
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- AGLC
- Vincent v R [2015] NZCA 201
- Case
- [2015] NZCA 201
- Decision Date
CaseChat Overview and Summary
Vincent was found guilty of one count of wounding with intent to cause grievous bodily harm under s 188(1) of the Crimes Act 1961. Vincent appeals on two grounds: (a) that the trial Judge wrongly took away self-defence from the jury, and (b) that the Judge erred in answering jury questions. The Court finds no error in the Judge’s direction to the jury that self-defence was not available. The Court also finds no misdirection in the Judge’s answers to the jury’s questions.
The Court considers the sentence imposed by the trial Judge to be manifestly excessive. The Court substitutes a sentence of four and a half years imprisonment, cumulative upon all existing sentences.
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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