R v MS [2017] NZHC 2066

R v MS [2017] NZHC 2066

Life imprisonment imposed; minimum period fixed at 14 years 6 months because the appropriate starting point was 17 years given the infant victim and extreme force used, reduced by two years for the offender's youth and six months for the hardship of serving sentence far from home; other mitigation was not sufficient to reduce the minimum further.

Citation
[2017] NZHC 2066
Parties
Prosecution: The Queen; Defendant: MS
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 August 2017
Procedural Posture
Criminal Murder / Sentencing
Outcome
Defendant convicted of murder; sentenced to life imprisonment with a minimum period of imprisonment of 14 years 6 months.
Legal Topics
Murder, Minimum Period of Imprisonment, Parole, Youth Mitigation, Victim Vulnerability
Criminal Law Homicide Sentencing Murder Minimum Period of Imprisonment Parole Youth Mitigation Victim Vulnerability

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Parties

The Queen

Prosecution

MS

Defendant

Procedural Posture

Criminal Murder / Sentencing

Legal Issues

  1. 1 Appropriate minimum period of imprisonment for murder
  2. 2 Whether the degree of brutality warrants a 17 year starting point
  3. 3 Mitigation for offender's youth

Ratio Decidendi

Life imprisonment imposed; minimum period fixed at 14 years 6 months because the appropriate starting point was 17 years given the infant victim and extreme force used, reduced by two years for the offender's youth and six months for the hardship of serving sentence far from home; other mitigation was not sufficient to reduce the minimum further.

Court Disposition

Defendant convicted of murder; sentenced to life imprisonment with a minimum period of imprisonment of 14 years 6 months.

Orders

  • Order prohibiting publication of name, address, occupation or identifying particulars of defendant pending further order of the Court pursuant to s 200 Criminal Procedure Act 2011
  • Sentence: life imprisonment with minimum period 14 years 6 months