| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA690/2017 [2018] NZCA 469 |
| BETWEEN | JESSE-JAMES WINTER |
| AND | THE QUEEN |
| CA96/2018 | ||
| BETWEEN | NICHOLAS ANDREW HANSON | |
| AND | THE QUEEN | |
| Hearing: | 29 August 2018 |
Court: | Miller, Mallon and Gendall JJ |
Counsel: | A J Bailey and E Huda for Appellant Winter |
Judgment: | 31 October 2018 at 3.30 pm |
JUDGMENT OF THE COURT
AMr Winter’s application for an extension of time to appeal his sentence is granted.
BMr Winter’s appeal against conviction is dismissed.
CMr Winter’s appeal against sentence is dismissed.
DMr Hanson’s appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Mallon J)
Introduction
Mr Winter and a co-defendant, Mr Kumar, were convicted as parties on two charges of wounding with intent to cause grievous bodily harm and one charge of male assaults female following a jury trial in the Christchurch District Court before Judge O’Driscoll.[1] Shortly before trial, two other co-defendants, Mr Hanson and Ms McGrath, pleaded guilty to these charges for their involvement in the group assaults.
[1]Crimes Act 1961, ss 66(2), 188(1) (maximum penalty 14 years’ imprisonment), and 194(b) (maximum penalty two years’ imprisonment).
Mr Winter appeals against his conviction on two grounds. First, the trial Judge wrongly admitted a prejudicial text message sent by Mr Hanson. Secondly, the trial Judge erred in failing to provide the jury with an included lesser offence for their consideration. Mr Winter also seeks to appeal against his sentence of eight years’ imprisonment.[2] He says that, because of delay in the prosecution of the trial and the appeal, he was unable to undertake a rehabilitation programme which impeded his parole prospects and this should lead to a reduction in his sentence.
[2]R v Hanson [2017] NZDC 27289 at [87]. Mr Winter also appeared for sentencing on unrelated cannabis offending but received no additional term for this.
Mr Hanson appeals against his sentence of 10 years and nine months’ imprisonment. This included a cumulative sentence of two years and three months’ imprisonment for firearms and other charges which arose when he was apprehended on the group offending.[3] He contends the cumulative sentence was too high, having regard to totality. He also appeals the 60 per cent minimum period of imprisonment imposed on his sentence of eight and a half years’ imprisonment for the group assaults.
[3]This cumulative sentence was for possession of utensils for methamphetamine (Misuse of Drugs Act 1975, s 13; maximum one year’s imprisonment and/or $500 fine); unlawful possession of firearms (Arms Act 1983, s 45(1); maximum penalty four years’ imprisonment and/or $5,000 fine); unlawful possession of explosives (ammunition) (Arms Act, s 45(1); maximum penalty four years’ imprisonment and/or $5,000 fine); and unlawfully taking a motorcycle (Crimes Act, s 226(1); maximum penalty seven years’ imprisonment). This was accompanied by breach of release conditions, breach of bail and the review of supervision on which Judge O’Driscoll ordered a concurrent sentence of three…
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- AGLC
- Winter v The Queen [2018] NZCA 469
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- [2018] NZCA 469
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