Williams v The Queen

[2020] NZHC 3104

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2020-488-000043

CRI-2020-488-000044 [2020] NZHC 3104

BETWEEN

CORNELL WILLIAMS

Appellant

AND

THE QUEEN

Respondent

Hearing:

18 November 2020

Appearances:

N S Leader for Appellant

R Annandale for Respondent

Judgment:

24 November 2020

JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie On 24 November 2020 at 3.00pm

Registrar/Deputy Registrar Date:…………………………

Solicitors/counsel:

N S Leader, Auckland

Crown Solicitor, Whangarei

WILLIAMS v R [2020] NZHC 3104 [24 November 2020]

Introduction

[1]On 8 July 2020, the appellant, Cornell Williams, pleaded guilty to two charges

– one of aggravated robbery and the other of attempted aggravated robbery. On 6 August 2020, Mr Williams pleaded guilty to two additional charges – possession of cannabis and being unlawfully in an enclosed yard. He was sentenced by Judge McDonald in the Whangārei District Court on all four charges on 10 September 2020 to five years’ imprisonment.1

[2]                 Mr Williams appeals the sentence imposed. He argues that the starting point adopted by the Judge was too high and that the Judge did not allow him sufficient discounts for his youth and his background as apparent from a cultural report prepared under s 27 of the Sentencing Act 2002 and a psychiatric report. As a result, he says the sentence imposed was manifestly excessive.

[3]                 The Crown opposes the appeal, arguing that the end sentence was not manifestly excessive; rather it was within the available range for Mr Williams’ offending.

Relevant facts

[4]                 On the evening of 23 May 2019, Mr Williams – then aged 18 – and four other co- offenders were drinking at an address in Otangarei. One of Mr Williams’ co- offenders suggested that they should rob a liquor store. The group then drove to a location close to a retail liquor store in Tikipunga. They disguised themselves and then ran from an alleyway towards the front doors of the liquor store. The doors were closed. They could only be opened manually from inside the store. One member of the group tried unsuccessfully to open the doors. Frustrated, the group then ran back to the vehicle and fled the scene. They stopped outside a residential property, where two members of the group (but not Mr Williams) pulled two fence palings from a picket fence and placed them in their vehicle. The group then drove to the Kamo area, driving slowly past another retail liquor store located in that suburb. They parked in  a dead-end street nearby.

1      R v Williams [2020] NZDC 18622.

[5]                 Mr Williams with three others, approached and entered the Kamo liquor store. It was approximately 7.45pm. All four had disguised their faces and covered their hands. Two of Mr Williams’ co-offenders led the group. Those co-offenders had armed themselves with the fence palings. One of the co-offenders entered the store, threatening a customer who was then leaving; he raised the fence paling over his head, gesturing that he was about to strike the customer…