R v SIMON [2017] NZHC 235

R v SIMON [2017] NZHC 235

Offending fell into Taueki band 3 given multiple and grave aggravating features (extreme violence, premeditation, weapons, injuries, home invasion, children present); starting point set at 11 years; no uplift for historical prior convictions; limited six month discount for apparent mental health issues given absence of completed psychiatric evidence; final sentence 10 years 6 months imprisonment.

Citation
[2017] NZHC 235
Parties
Prosecutor: The Queen; Defendant: Nathan Arai Simon
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 February 2017
Procedural Posture
Criminal Attempted Murder / Sentencing After Jury Conviction
Outcome
Sentence imposed
Legal Topics
Attempted Murder, Aggravating and Mitigating Factors, Taueki Sentencing Bands, Mental Disorder Mitigation, Voluntary Intoxication Not Mitigating, Victim Impact
Criminal Law Sentencing Mental Health and Substance Abuse Domestic/home Invasion Offences Family Impact Attempted Murder Aggravating and Mitigating Factors Taueki Sentencing Bands +3 more

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Parties

The Queen

Prosecutor

Nathan Arai Simon

Defendant

Procedural Posture

Criminal Attempted Murder / Sentencing After Jury Conviction

Legal Issues

  1. 1 Appropriate starting point for attempted murder with multiple aggravating factors
  2. 2 Whether prior convictions justify uplift
  3. 3 Whether mental health/drug induced psychosis mitigates culpability

Ratio Decidendi

Offending fell into Taueki band 3 given multiple and grave aggravating features (extreme violence, premeditation, weapons, injuries, home invasion, children present); starting point set at 11 years; no uplift for historical prior convictions; limited six month discount for apparent mental health issues given absence of completed psychiatric evidence; final sentence 10 years 6 months imprisonment.

Court Disposition

Sentence imposed

Orders

  • Sentenced to 10 years 6 months imprisonment on the charge of attempted murder