R v WALKER [2015] NZHC 3214

R v WALKER [2015] NZHC 3214

Applying Taueki by analogy the offending fell squarely in band three due to frenzied repeated stabbing with a knife, serious life-threatening injuries and planning to lure the victim; starting point set at 10 years, uplifted six months for extensive prior violent convictions, reduced by 10% for the offender's psychological condition (not for remorse), and a minimum period imposed because of premeditation, lack of genuine remorse, high risk of reoffending and need for denunciation and protection, resulting in a global sentence of 9 years 6 months with a minimum of 4 years 9 months imprisonment.

Citation
[2015] NZHC 3214
Parties
Prosecution: The Queen; Defendant: Benjamin Walker
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 December 2015
Procedural Posture
Criminal Attempted Murder / Sentencing After Jury Trial
Outcome
Sentence of imprisonment imposed following jury conviction for attempted murder
Legal Topics
Attempted Murder, Sentencing Principles, Minimum Period of Imprisonment, Taueki Bands, Mitigation for Mental Health, Victim Impact
Criminal Law Sentencing Violent Offences Domestic Violence Mental Health Attempted Murder Sentencing Principles Minimum Period of Imprisonment +3 more

Case Brief

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Parties

The Queen

Prosecution

Benjamin Walker

Defendant

Procedural Posture

Criminal Attempted Murder / Sentencing After Jury Trial

Legal Issues

  1. 1 Appropriate starting point for attempted murder by analogy to Taueki
  2. 2 Whether aggravating factors (premeditation, weapon, serious injury, intent to kill) justify uplift
  3. 3 Whether offender's psychological condition mitigates culpability

Ratio Decidendi

Applying Taueki by analogy the offending fell squarely in band three due to frenzied repeated stabbing with a knife, serious life-threatening injuries and planning to lure the victim; starting point set at 10 years, uplifted six months for extensive prior violent convictions, reduced by 10% for the offender's psychological condition (not for remorse), and a minimum period imposed because of premeditation, lack of genuine remorse, high risk of reoffending and need for denunciation and protection, resulting in a global sentence of 9 years 6 months with a minimum of 4 years 9 months imprisonment.

Court Disposition

Sentence of imprisonment imposed following jury conviction for attempted murder

Orders

  • Sentence: 9 years 6 months imprisonment
  • Minimum period: 4 years 9 months imprisonment before Parole Board consideration