R v WHEBLE [2019] NZHC 1301

R v WHEBLE [2019] NZHC 1301

Judge found offending extreme but toward lower end of band 3 given level of planning and injuries; set starting point at 10 years, applied 10% (12 months) personal mitigation discount, then a 12-month guilty plea discount and a further 12-month totality deduction because sentence will be cumulative with existing imprisonment, resulting in final sentence of 7 years. Three-strikes law requires full service without parole; MPI that would have been imposed absent second-strike was 3 years 6 months.

Citation
[2019] NZHC 1301
Parties
Crown: The Queen; Defendant: Anthony John Wheble
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 June 2019
Procedural Posture
Criminal Attempted Murder / Sentencing
Outcome
Sentence: 7 years' imprisonment on charge of attempted murder; to be served cumulatively with existing sentence of 4 years 6 months; offender must serve full term without parole (three-strikes).
Legal Topics
Attempted Murder, Aggravating Factors, Mitigating Factors, Guilty Plea Discount, Totality, Three Strikes Regime, Minimum Period of Imprisonment
Criminal Law Sentencing Prison Law Parole Attempted Murder Aggravating Factors Mitigating Factors Guilty Plea Discount +3 more

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Parties

The Queen

Crown

Anthony John Wheble

Defendant

Procedural Posture

Criminal Attempted Murder / Sentencing

Legal Issues

  1. 1 Appropriate starting point for attempted murder in prison environment
  2. 2 Application of aggravating and mitigating factors
  3. 3 Extent of discount for guilty plea

Ratio Decidendi

Judge found offending extreme but toward lower end of band 3 given level of planning and injuries; set starting point at 10 years, applied 10% (12 months) personal mitigation discount, then a 12-month guilty plea discount and a further 12-month totality deduction because sentence will be cumulative with existing imprisonment, resulting in final sentence of 7 years. Three-strikes law requires full service without parole; MPI that would have been imposed absent second-strike was 3 years 6 months.

Court Disposition

Sentence: 7 years' imprisonment on charge of attempted murder; to be served cumulatively with existing sentence of 4 years 6 months; offender must serve full term without parole (three-strikes).

Orders

  • Sentenced to 7 years' imprisonment on charge of attempted murder
  • Sentence to be served cumulatively with existing sentence of 4 years 6 months imposed 30 October 2015