Man jailed after taking rap for brother in hit-and-run on elderly woman in exchange for money, drugs
A MAN who agreed to take the rap for his brother for running over an elderly woman will be released from prison for Christmas
Police & Courts
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A MAN who agreed to take the rap for his brother for running over an elderly woman in a hit-and-run in exchange for money and drugs will be released from prison for Christmas.
Noel Kenyon, 39, pleaded guilty in the Supreme Court to attempting to pervert the course of justice after agreeing to cop the blame for his brother David’s crimes in 2018.
The court heard David Kenyon had “reversed over” an 83-year-old woman at a Palmerston service station while driving without a licence before fleeing the scene on August 15.
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He then went to Noel’s house where he offered his brother $1200 in cash, two ounces of cannabis and four bottles of alcohol in exchange for taking the heat for the earlier hit-and-run.
Noel agreed to the deal and went to the Palmerston Police Station where he falsely confessed to the crime and was charged and bailed before David Kenyon was also questioned by police, backing up the lie.
In jailing Noel Kenyon for 16 months, to be suspended after eight months, Chief Justice Michael Grant said his brother later admitted to family members to being behind the wheel and then finally also belatedly fessed up to police.
Chief Justice Grant said unlawful attempts to interfere with police investigations in the way the Kenyons did “strike at the heart of the administration of justice”.
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“However, I do accept that this offence does not fall into the more serious category,” he said.
“It was unsophisticated, no great pecuniary reward was proffered or accepted, there was no attempt to threaten or suborn witnesses, the perversion was not brought to ultimate fruition and there was no great drain on law enforcement resources as a result of your arrangement as is sometimes seen.”
David Kenyon was earlier sentenced to 16 months in prison, suspended after nine months, and Chief Justice Grant said he saw “no real reason to distinguish between the two of you” but he would released Noel from jail one month earlier so he could go home for Christmas.
“Although your brother was the one attempting to avoid criminal responsibility for his conduct, you were an equal and willing participant in that attempt,” he said.
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“That you were the one who was willing to accept punishment for the conduct does not either reduce your moral culpability or elevate his above yours. For both of you, the ultimate goal was to pervert the course of justice by allowing your brother to avoid criminal responsibility.
“You actively misled police over a period of some four months and your motive was, at least in part, financial and material gain.”
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