R v DUNN [2016] NZHC 2552

R v DUNN [2016] NZHC 2552

Applying Taueki bands and comparable authorities the offending fell in the lower middle of band two; a starting point of six years three months was appropriate, uplifted by six months for prior violent convictions and a further nine months for offending while on parole, producing a total sentence of seven years six months imprisonment; no minimum period of imprisonment was imposed.

Citation
[2016] NZHC 2552
Parties
Prosecution: The Queen; Defendant: Darrell Dunn
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 October 2016
Procedural Posture
Criminal Manslaughter / Sentencing
Outcome
Imprisonment
Legal Topics
Manslaughter, Self Defence, Aggravating Factors, Prior Convictions, Starting Point for Sentence, Minimum Period of Imprisonment
Criminal Law Sentencing Parole Manslaughter Self Defence Aggravating Factors Prior Convictions Starting Point for Sentence +1 more

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Parties

The Queen

Prosecution

Darrell Dunn

Defendant

Procedural Posture

Criminal Manslaughter / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter causing death by blows to head
  2. 2 Whether defendant acted in self-defence or used excessive force
  3. 3 Weight to give prior violent convictions

Ratio Decidendi

Applying Taueki bands and comparable authorities the offending fell in the lower middle of band two; a starting point of six years three months was appropriate, uplifted by six months for prior violent convictions and a further nine months for offending while on parole, producing a total sentence of seven years six months imprisonment; no minimum period of imprisonment was imposed.

Court Disposition

Imprisonment

Orders

  • Imprisoned for seven years and six months
  • First strike warning given