Gosnell murder appeal dismissed

  • Breaking
  • 02/06/2014

The Court of Appeal has dismissed Gavin Gosnell's appeal against his sentence and conviction for the murder of teenager Hayden Miles.

The decision, released this morning, has upheld Gosnell's life imprisonment sentence for a minimum 18 years. 

Gosnell appeared via video-link from Christchurch Men's Prison during the hearing at the end of April.

He was sentenced in the Christchurch High Court in June last year for Mr Miles' murder and offering indignity to a dead body.

At his sentencing Gosnell dismissed his lawyer, Craig Ruane, claiming Mr Ruane had not acted in his best interests. He vowed to appeal his murder conviction, saying he admitted to assaulting Mr Miles and dismembering the body, but could not take responsibility for his murder.

During the hearing, he said at least one of his statements to police, in which he described the killing of Mr Miles was made when he wasn't of "sound mind".

Gosnell's counsel also argued Gosnell was pressured into not giving evidence, that the jury shouldn't have heard the details of the dismemberment because it was "shocking" and irrelevant to the issue of intent and that it was unfairly prejudicial.

It was also contended Gosnell's former partner, who gave evidence at the trial should not have been put before a jury.

However, in the decision, the justices believed that while Gosnell had been given "firm advice" not to give evidence, it was ultimately his decision to make.

While they agreed the dismemberment evidence was shocking, it "was still relevant evidence and not illegitimately unfair" to Gosnell.

"It helped the jury to understand the case and assess whether Mr Gosnell had the required intention to be found guilty of murder," the judgement says.

The court also found Gosnell's partner was a credible witness whose evidence was relevant to the case. The judge cautioned the jury about how to use her evidence.

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source: newshub archive