Man jailed in McLaren Falls body case wins appeal over sentence
One of multiple people jailed over the death of a Waikato man whose body was found dumped at McLarens Falls in Tauranga has had his sentence reduced on appeal. Christopher Ramia Smith was found guilty of the kidnapping and manslaughter of Mitchell Paterson at a jury trial in 2019. Paterson, a 26-year-old Ngaruawahia father of one, was lured into a car in Hamilton on the pretence of a drug deal where he was killed in a chokehold before his body was thrown off a bridge at the falls in the lower Kaimai Ranges. In a recently released decision, the Court of Appeal allowed the appeal against Smiths his six year sentence for manslaughter imposed by the High Court last September. Instead, Smith will now serve five years for manslaughter. He will serve a concurrent three year sentence for kidnapping. READ MORE: * Seven years jail for fatal chokehold of man lured into car * McLaren Falls trial: Group said karakia before dumping victim's body into water * McLaren Falls trial: Pair taunt dying man Smith appealed the six-year sentence on the grounds the starting point of seven years jail given by Justice Davison was too high, especially compared to his co-accused Simon Walker who played a more significant part. Walker, who was sentenced to seven years in jail, directly caused Patersons death by administering the chokehold while Smith had assisted by holding Patersons legs, the judgement reads. Paterson had reportedly come into trouble with Nomads gang leader Leon Wilson who believed Paterson had been d bad talking him. He ordered associates to bring Paterson in to answer for this. Walker, a Nomads prospect, was joined by two others who went to a house on Mill Lane in Hamilton and lured Paterson into a car on the pretence of a drug deal. Smith was not involved at that stage. During the drive to Wilsons home Paterson resisted, trying to escape. He was held around the neck by Walker in the backseat of the car, but managing to move his legs, kicked out the rear passenger seat window as it travelled along Victoria St. Travelling ahead in a separate car, Smith saw the car stop behind. Smith was told by Wilson to go and help restrain Paterson. He hopped in the backseat and either restrained or stopped Paterson moving. At some point on the drive, Paterson lost consciousness. When they arrived at Wilsons home, Paterson was blue in the face. He was dragged into the garage where CPR was given. No one called emergency services. In considering the sentence the Court of Appeal looked at whether the starting point was too high. Walker had pleaded guilty before trial and the sentencing judge began a starting point of five years for manslaughter and three for kidnapping. Justice Davison considered that Smith had a lesser role and began sentencing at seven years overall. Smith's lawyer Matthew Goodwin said the overall starting point should have been between four and four and a half years. The Court of Appeal said that it would not interfere with the starting point and that grounds for the appeal on disparity failed. In our assessment, the judge gave adequate recognition to Mr Smiths somewhat lesser culpability by adopting a starting point 12 months lower than that adopted for Mr Walker. Smith contended that the 12 months global discount, or 14 per cent, given for personal mitigating factors including no previous convictions, previous good character, motivation to address drug addition, genuine remorse and time spent on electronically monitored bail was inadequate. He also applied to introduce a cultural report which the Court of Appeal said was highly relevant to his personal mitigating factors. Smith grew up in a household where violence and drinking were the norm. Despite alcohol and drug use he maintained regular employment, has four children and a whangai son. His long term partner is now supporting four children on her own, the report reads. Being 36 with no previous convictions shows his offending was out of character. Smiths involvement was in part through his efforts to protect his younger sister, who was then in a relationship with Wilson, the report states. Previous good character impacts on potential for rehabilitation and Smith is low risk of reoffending. The discount for this factor needed to be more than token. When it came to genuine remorse the Court of Appeal agreed a modest discount was appropriate. Smith had volunteered to be interviewed by police and written a letter of remorse to Patersons family, which did not seek forgiveness but apologised saying he would regret that night forever. Smith, who had a long-standing addiction to methamphetamine, realised the drug had taken over his life and admitted himself into a rehab clinic after his arrest, the report states. Smith continued with other drug and rehabilitation programmes in jail and was making good progress. His insight and willingness to address addiction was deserving of meaningful discount. Assuming the minimum of two months discount for time spent on electronically monitored bail was given, a total of 12 per cent for personal background, good character and genuine remorse together with rehabilitative efforts was allowed. The Court of Appeal said this discount was insufficient. At least 10 per cent should have been given with a further 10 per cent for rehabilitative efforts, five per cent for remorse and three months for bail. We consider an overall discount of 25 per cent needed to be allowed for these factors. The Court substituted the sentence by a year.