IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
CRI 2014-096-4078 [2015] NZHC 2642
THE QUEEN v STUART GRAEME WILTON Hearing: 28 October 2015
Counsel: P K Feltham for Crown E Hall for Defendant Sentence: 28 October 2015
SENTENCE OF SIMON FRANCE J
[1] Mr Wilton, you are here today to be sentenced having pleaded guilty to the murder of Mr Matthew Stevens. Two alleged co-defendants are still to stand trial, so my description of events will not be as full as it might otherwise be.
[2] On 27 November last year Mr Stevens was tricked into visiting the occupant of a house where he was ultimately to lose his life. Quite a lot of effort went into getting him to the house. Friends of the occupant, including you Mr Wilton, wanted to confront Mr Stevens about something that had happened. The confrontation occurred in an upstairs bedroom. During the course of it you produced a knife and stabbed Mr Stevens three times, thereby causing his death. It is not suggested that you intended to kill Mr Stevens or that was the plan when he was lured to the house. But you recklessly used a knife and stabbed him three times. A tragic outcome to that conduct was inevitable, and sadly that is what happened.
[3] A particularly bad aspect to this offending is what happened after Mr Stevens died at the house. Mr Stevens’ body was removed and placed in a van whilst others cleaned the house. His body was then driven to the summit of Paekakariki Hill before being thrown over the side. The van was then pushed after him in order to suggest a car accident had occurred.
[4] The loss of Mr Stevens has been felt terribly by his family. You heard today from his sister, and I have also received statements from his mother and father. The statements reveal the family are shattered as they struggle to deal with the unexpected and violent death of their only son. It is clear that life for this family will never be the same. Health wise and financially the event has significantly affected them, but much more impossible is coping with this sudden overwhelming loss. What you heard today from Mr Stevens’ sister is just an example of how affected her parents also are. On behalf of the community I extend condolences for the situation in which Mr Stevens’ family finds itself.
[5] I have a letter from you, Mr Wilton, in which you express remorse. I accept it is genuine in that you did not plan for Mr Stevens to be killed, and you are genuinely sorry that is what happened. You acknowledge you cannot change things and like so many would do so if you could. The tragedy is that awareness of the stupidity of it all always comes too late. At least, however, you have taken responsibility for what you did by pleading guilty and that is to your credit.
[6] You are only 28 years of age and although you have committed several offences in the past, there has been nothing like this. Mainly it has been property offending and there are no convictions for violence. The Crown accepts no increase in sentence is required for your past offending.
[7] This sentencing today follows on from a sentence indication I gave a few weeks ago. Having heard from the lawyers my analysis was this: (a) first, the primary sentence is life imprisonment. Only in exceptional circumstances can any other sentence be imposed. They do not exist here; so that will be your sentence – life imprisonment; (b) second, the law says that someone convicted of murder must serve at least 10 years before being eligible for parole. It does not mean you will get parole then – instead, you will be kept in jail until you satisfy the Parole Board it is safe to let you out; (c) third, it is my job to consider whether I should increase that minimum parole figure of 10 years. In deciding whether that should occur, I have to be guided by what has happened in similar cases having regard to how Mr Stevens died, and what happened afterwards. I looked here at other cases where people have been stabbed to death, the figure often taken is 12 years.1 But that two year increase is offset by the credit you get for your guilty plea. In that regard, although there is still to be a trial, you have acknowledged your role and accepted responsibility and recognition of that is appropriate; (d) finally, however, there is the matter of how Mr Stevens’ body was treated after he died at the house. That conduct requires to be marked out and because of it I added a year to your non parole period. So the final minimum non parole period is 11 years.2 [8] Please stand.
For the murder of Matthew Stevens I sentence you to life imprisonment. I direct you serve 11 years in prison before being eligible to be considered for parole. ________________________ Simon France J Solicitors: Luke Cunningham & Clere, Crown Solicitors, Wellington E Hall, Barrister, Wellington 1 R v Kahia [2015] NZHC 344 and cases discussed therein.
2 The sentence indication was 11-12 years for stabbing, increased to 13 for the mistreatment of Mr Stevens after his death, and then reduced by two years for the plea.
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