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Webber v R

Webber v R

Case [2021] NZCA 133 27 April 2021

Criminal Liability

Mens Rea & Intention

Sentencing

Aggravated & Exemplary Damages

Retribution

Minimum Period of Imprisonment (MPI)

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IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA564/2020
[2021] NZCA 133

BETWEEN	MATTHEW WINARA WEBBER Appellant
AND	THE QUEEN Respondent

Hearing:	17 March 2021
Court:	French, Ellis and Muir JJ
Counsel:	K J Gray and K E Bucher for Appellant C J Boshier and A M Harvey for Respondent
Judgment:	27 April 2021 at 9 am

JUDGMENT OF THE COURT

The appeal against sentence is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Ellis J)

Mr Webber is the second person in New Zealand to be sentenced on a charge of murder as a stage-3 “strike” offence. He pleaded guilty to that charge following a sentence indication.[1] Nation J then sentenced him in accordance with that sentence indication to life imprisonment, with a minimum period of imprisonment (MPI) of 15 years.[2] Mr Webber now appeals that MPI.

Background

Facts

[1]R v Webber [2020] NZHC 1758 [Sentence indication].

[2]R v Webber [2020] NZHC 2328 [Sentencing notes].

Mr Shayne Heappey was an associate of the Christchurch chapter of the Nomads gang. He was 25 years old. He had the misfortune to owe a small debt to Ms Leonie Cook, who is the stepdaughter of Mr Randall Waho, the President of the gang. Apparently, Mr Heappey was also in possession of a stolen vehicle to which Ms Cook felt some kind of entitlement.
Ms Cook was unable to resolve matters with Mr Heappey. She escalated it to Mr Waho, thereby making her personal dispute a gang issue. Attempts were made by Mr Waho to arrange a meeting with Mr Heappey to resolve the conflict.
For whatever reason, Mr Heappey did not wish to meet with Mr Waho. This perceived disrespect was exacerbated by Mr Heappey later agreeing to meet Mr Waho but then failing to turn up or to respond to messages. At one point, for example, Mr Heappey texted Mr Waho, saying:
I cant do it tonyt no excuse mad Im not all there tonight mad ill come over tomorrow to see u and matty to collect my punishment I have no excuses just not up to it yeha.
Eventually, on 8 December 2018, it was arranged that Mr Heappey would be collected by Mr Richard Sim (a patched member of the Nomads) and taken to an address in Oakhurst Place. Once there, texts were sent to Mr Webber, advising that Mr Heappey had been found. Mr Webber is also a patched member of the Nomads, and it was understood that he was the gang’s “enforcer”. It was his job to mete out violence to those who broke the rules.
Ms Cook and Mr Justin Burke picked up Mr Webber and took him to an Oakhurst Place address, where Mr Heappey was waiting. They went inside the house and asked Mr Heappey to come outside. On their way out, Mr Webber closed the curtain so the people inside could not see what was happening.
Mr Webber was armed with a knife.[3] Once outside,…

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 Webber v R

Details

AGLC: Webber v R [2021] NZCA 133
Case: [2021] NZCA 133
Decision Date: 27 April 2021 at 9 am

CaseChat Overview and Summary

Matthew Winara Webber appeals his sentence of life imprisonment for murder with a minimum period of imprisonment (MPI) of 15 years, imposed by the High Court at Christchurch. The appeal was heard by French, Ellis and Muir JJ. The Crown was represented by the Crown Solicitor from Christchurch. Mr Webber’s legal representatives were K J Gray and K E Bucher. The appeal was dismissed. Mr Webber was a member of the Christchurch chapter of the Nomads gang, an outlaw motorcycle gang. He was the gang’s “enforcer” and was armed with a knife when he stabbed Shayne Heappey fourteen times, killing him. The appeal focused on two issues: whether the 15-year MPI was too high and whether a greater discount should have been given for the cultural matters outlined in the s 27 reports. The Court found that the 15-year MPI was appropriate because Mr Webber was on his third strike and had been sentenced for murder. The Court also found that the discount given for the s 27 reports was appropriate. The Court recognised the cultural and social deprivation experienced by Mr Webber but found that the seriousness of his offending meant that the discount could not be excessive.

Orders