R v BEAZLEY [2016] NZHC 811

R v BEAZLEY [2016] NZHC 811

The offender was fully accountable for the fatal wound because, after disarming his son, he had a choice but retained the weapon and inflicted an extreme penetrating chest wound; applying a Taueki analysis the offence fell into band 2 and warranted a six-year starting point which was reduced for remorse (20%) and further reduced by one year in recognition of the plea, yielding an effective sentence of four years' imprisonment; the murder charge was dismissed on Crown offer of no evidence.

Citation
[2016] NZHC 811
Parties
Crown/prosecution: The Queen; Defendant/prisoner: Phillip James Beazley
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 April 2016
Procedural Posture
Criminal Manslaughter (originally Charged With Murder) / Sentencing After Guilty Plea to Manslaughter; Murder Charge Dismissed by Crown Offer of No Evidence
Outcome
Convicted of manslaughter and sentenced to four years' imprisonment; murder charge dismissed (Crown offered no evidence); written warning issued regarding future violent offending and parole consequences.
Legal Topics
Manslaughter, Sentencing, Self Defence, Use of Weapons, Aggravation and Mitigation, Taueki Guideline
Criminal Law Manslaughter Sentencing Self Defence Use of Weapons Aggravation and Mitigation Taueki Guideline

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Parties

The Queen

Crown/prosecution

Phillip James Beazley

Defendant/prisoner

Procedural Posture

Criminal Manslaughter (originally Charged With Murder) / Sentencing After Guilty Plea to Manslaughter; Murder Charge Dismissed by Crown Offer of No Evidence

Legal Issues

  1. 1 Whether conduct amounted to manslaughter rather than murder
  2. 2 Appropriate starting point for sentence under Taueki analysis
  3. 3 Extent of culpability for fatal wound after disarming the deceased

Ratio Decidendi

The offender was fully accountable for the fatal wound because, after disarming his son, he had a choice but retained the weapon and inflicted an extreme penetrating chest wound; applying a Taueki analysis the offence fell into band 2 and warranted a six-year starting point which was reduced for remorse (20%) and further reduced by one year in recognition of the plea, yielding an effective sentence of four years' imprisonment; the murder charge was dismissed on Crown offer of no evidence.

Court Disposition

Convicted of manslaughter and sentenced to four years' imprisonment; murder charge dismissed (Crown offered no evidence); written warning issued regarding future violent offending and parole consequences.

Orders

  • Imprisonment for four years for manslaughter
  • Murder charge dismissed on Crown offering no evidence