R v MATARA [2017] NZHC 2198

R v MATARA [2017] NZHC 2198

Having accepted evidence of likely psychosis at the time but not treating methamphetamine-induced psychosis as a discrete discount, the judge fixed a starting point of ten years given the serious aggravating factors (two gunshot wounds, use of a deadly weapon, unprovoked attack), allowed a modest uplift of two...

Source-derived case information.

Citation
[2017] NZHC 2198
Parties
Crown: The Queen; Defendant: Billy Matara
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 September 2017
Procedural Posture
Criminal Attempted Murder / Sentencing
Outcome
Sentence of imprisonment of ten years and two months imposed; Stage 2 (no parole) so the sentence must be served in full
Legal Topics
Attempted Murder, Sentencing Principles, Parole, Mental Disorder/psychosis, Premeditation, Aggravating and Mitigating Factors
Criminal Law Sentencing Mental Health Attempted Murder Sentencing Principles Parole Mental Disorder/psychosis Premeditation +1 more

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Parties

The Queen

Crown

Billy Matara

Defendant

Procedural Posture

Criminal Attempted Murder / Sentencing

Legal Issues

  1. 1 Appropriate sentence for attempted murder
  2. 2 Whether the offence was premeditated
  3. 3 Extent to which psychosis or methamphetamine-induced psychosis reduces culpability

Ratio Decidendi

Having accepted evidence of likely psychosis at the time but not treating methamphetamine-induced psychosis as a discrete discount, the judge fixed a starting point of ten years given the serious aggravating factors (two gunshot wounds, use of a deadly weapon, unprovoked attack), allowed a modest uplift of two months for prior violent offending, and imposed a sentence of ten years and two months imprisonment as a Stage 2 (no-parole) sentence; had parole been available a minimum period of 40% would have been appropriate.

Court Disposition

Sentence of imprisonment of ten years and two months imposed; Stage 2 (no parole) so the sentence must be served in full

Orders

  • Sentenced to 10 years and 2 months' imprisonment
  • Stage 2: no parole or early release; sentence to be served in full