R v Williams [2017] NZHC 427

R v Williams [2017] NZHC 427

Preventive detention was imposed because the offender exhibits a clear pattern of serious violent offending, committed an extremely brutal and premeditated attempted murder while in prison, has a high assessed risk of reoffending, has failed to address causal factors and poses an ongoing threat to community safety;...

Source-derived case information.

Citation
[2017] NZHC 427
Parties
Prosecution: The Queen; Defendant: Stephen Roger Williams
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 March 2017
Procedural Posture
Criminal Sentencing (attempted Murder) / Sentence Hearing (preventive Detention Determination)
Outcome
Preventive detention imposed
Legal Topics
Attempted Murder, Preventive Detention, Minimum Period of Imprisonment, Risk Assessment, Aggravating and Mitigating Factors, Guilty Plea Discount, Premeditation
Criminal Law Sentencing Preventive Detention Corrections/prison Law Violent Offending Attempted Murder Minimum Period of Imprisonment Risk Assessment +3 more

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Parties

The Queen

Prosecution

Stephen Roger Williams

Defendant

Procedural Posture

Criminal Sentencing (attempted Murder) / Sentence Hearing (preventive Detention Determination)

Legal Issues

  1. 1 Whether preventive detention is appropriate given high risk of reoffending
  2. 2 What finite determinate sentence would be appropriate if preventive detention not imposed
  3. 3 What minimum period of imprisonment should be set if preventive detention is imposed

Ratio Decidendi

Preventive detention was imposed because the offender exhibits a clear pattern of serious violent offending, committed an extremely brutal and premeditated attempted murder while in prison, has a high assessed risk of reoffending, has failed to address causal factors and poses an ongoing threat to community safety; a minimum period of imprisonment of 10 years was set to give effect to protection of the community.

Court Disposition

Preventive detention imposed

Orders

  • Sentenced to preventive detention
  • Minimum period of imprisonment set at 10 years