Manslaughter conviction scrapped for gang hopeful
A gang hopeful who took an associate to a house for a “mean hiding” before he was fatally stabbed will have his manslaughter conviction set aside.
Justin Richard Burke was sentenced to five years and two months’ jail in February 2021 after he was found guilty of manslaughter by a jury in the High Court at Christchurch. It was for his role in the death of Shayne George Heappey at a house in Russley on December 8, 2018.
Matthew Winara Webber – enforcer of the Nomads gang in Christchurch – stabbed Heappey at least 14 times over a perceived $300 debt and not returning a borrowed car.
Although Webber admitted carrying out the stabbing and was jailed for life with a minimum term of 15 years, Burke had taken Heappey, a fellow Nomad gang associate, to the house where the attack took place.
At a sitting of the Supreme Court in March last year, Burke’s lawyer James Rapley KC argued he couldn’t have foreseen that a stabbing would occur. The conviction should be quashed, he said.
Burke anticipated Heappey would be given a “mean hiding” – non-fatal violence – which did not meet the legal requirement to be a party to manslaughter, Rapley argued.
The attack was a punishment within the gang, and gave context as to how Burke could not foresee death might occur. It wasn’t in the best interests of the gang for Heappey to be killed, and it was not an authorised killing, Rapley said. Webber acted on his own and others could not have known he would kill Heappey.
“No-one gets killed for $300. This is crazy”.
In response for the Crown, Madeleine Laracy said the law was deliberately broad to prevent “the evil of criminal combinations” and assign culpability to those involved consistently.
The Court of Appeal had previously dismissed Burke’s appeal.
In a decision released yesterday, a Supreme Court majority of judges found the jury should have been directed that to return a guilty verdict for manslaughter, Burke must’ve foreseen a stabbing would occur. They also needed to be satisfied he knew Webber had a weapon. No such direction was given by the trial judge.
The Supreme Court has asked for submissions on whether the conviction should be substituted for one of injuring with intent to injure.