| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI O AOTEAROA |
| SC 141/2023 [2024] NZSC 73 |
| BETWEEN | JOSEPH KARAITIANA WHEELER |
| AND | THE KING |
| Court: | Glazebrook, Williams and Kós JJ |
Counsel: | D A Ewen and E T Blincoe for Applicant |
Judgment: | 27 June 2024 |
JUDGMENT OF THE COURT
The application for leave to appeal is dismissed.
____________________________________________________________________
REASONS
The applicant, Joseph Wheeler, stabbed and killed Richard Wallace, who owed him a small drug debt. He pleaded guilty to murder and was sentenced to life imprisonment with a minimum period of imprisonment (MPI) of 10 years.[1] His sentence appeal to the Court of Appeal was dismissed[2] and he now seeks leave to bring a further appeal to this Court. He seeks a determinate sentence rather than a life sentence. He argues that a life sentence is manifestly unjust because of the statutory requirement to impose an MPI of not less than 10 years when a life sentence is imposed.[3]
High Court
[1]R v Wheeler [2022] NZHC 2151 (Ellis J) [HC judgment] at [35].
[2]Wheeler v R [2023] NZCA 563 (Mallon, Moore and Palmer JJ) [CA judgment] at [44].
[3]Sentencing Act 2002, s 103.
In the High Court, Ellis J adopted a starting point of life imprisonment with an MPI of 11 years.[4] The Judge reduced the MPI to the statutory minimum of 10 years on the basis of mitigating circumstances.[5] Ellis J accepted that had this been a case where the Court was to determine the appropriate determinate sentence, Mr Wheeler’s personal circumstances would have warranted greater discounts than possible with the 10-year minimum.[6]
[4]HC judgment, above n 1, at [13].
[5]At [34]–[35].
[6]At [33].
The mitigating circumstances were, in essence, Mr Wheeler’s life story. He claims he was conceived as a result of the rape of his biological mother and became a ward of the state, cycling through different foster families until he was adopted at two and a half years old. He reported being physically abused by his adoptive father. When he was nine, Mr Wheeler was placed in an institution then known as a “Boys’ Home”, where he says he was subjected to physical abuse. He matured into a life of polysubstance abuse and offending, including violent offending. He has also been admitted to hospital on multiple occasions, with mental health‑related presentations. He has longstanding difficulties with managing his emotions, leading to periods of depressed mood as well as periods of intense rage.
Mr Wheeler admitted he was in just such an enraged state when he killed Mr Wallace. He went to the police not long after the killing and admitted to his offending. The Courts below agreed that he was genuinely remorseful.[7]
Court of Appeal
[7]At [9]; and CA judgment, above n 2, at [40].
The Court of Appeal upheld Ellis J’s sentencing decision.[8] In doing so it addressed two issues raised by Mr Wheeler.
[8]CA judgment, above n 2, at [41].
First,…
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- Wheeler v The King [2024] NZSC 73
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- [2024] NZSC 73
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CaseChat Overview and Summary
The Court of Appeal had thoroughly examined Wheeler's arguments, considering both the circumstances of the offence and his personal background. They held that despite Wheeler's compelling mitigating factors, the brutal nature of the crime and the ongoing risk he posed to the community warranted a life sentence. The Court concluded that the mandatory MPI did not make the sentence manifestly unjust in Wheeler's case. The Supreme Court, in turn, found that the Court of Appeal's reasoning was sound and that the application did not present a question of general or public importance, nor did it show sufficient merit to warrant leave to appeal. The application was dismissed.
The final orders of the Court were that the application for leave to appeal was dismissed. The Supreme Court did not find the appeal to be of sufficient merit to warrant further consideration, and thus Wheeler's sentence stood as determined by the Court of Appeal.
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