R v WILLIAMS (SENTENCING NOTES) [2019] NZHC 2832

R v WILLIAMS (SENTENCING NOTES) [2019] NZHC 2832

Preventive detention with a minimum period of imprisonment of 14 years was imposed because the three strikes maximum sentence without parole was not manifestly unjust in the circumstances and the offender poses a high and ongoing risk of serious violent reoffending, demonstrated by repeated planned, lethal attacks in prison, use of multiple weapons, targeting head and neck, lack of remorse, and risk assessments indicating high likelihood of further qualifying violent offending.

Citation
[2019] NZHC 2832
Parties
Prosecution: The Queen; Defendant: Stephen Williams
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 November 2019
Procedural Posture
Criminal Sentencing (attempted Murder, Three Strikes) / Sentencing Hearing
Outcome
Preventive detention imposed; minimum period of imprisonment 14 years; sentence to be served concurrent with existing sentences; parole ineligibility for the term specified.
Legal Topics
Attempted Murder, Three Strikes Regime, Preventive Detention, Minimum Period of Imprisonment, Parole Ineligibility, Risk of Violent Reoffending, Sentencing Discounts for Guilty Plea
Criminal Law Sentencing Corrections Law Mental Health and Risk Assessment Attempted Murder Three Strikes Regime Preventive Detention Minimum Period of Imprisonment +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Queen

Prosecution

Stephen Williams

Defendant

Procedural Posture

Criminal Sentencing (attempted Murder, Three Strikes) / Sentencing Hearing

Legal Issues

  1. 1 Whether imposition of maximum 14 year term without parole under three strikes would be manifestly unjust
  2. 2 Whether preventive detention should be imposed in addition to the three strikes sentence
  3. 3 Appropriate minimum period of imprisonment (MPI) and starting point for attempted murder in a prison setting

Ratio Decidendi

Preventive detention with a minimum period of imprisonment of 14 years was imposed because the three strikes maximum sentence without parole was not manifestly unjust in the circumstances and the offender poses a high and ongoing risk of serious violent reoffending, demonstrated by repeated planned, lethal attacks in prison, use of multiple weapons, targeting head and neck, lack of remorse, and risk assessments indicating high likelihood of further qualifying violent offending.

Court Disposition

Preventive detention imposed; minimum period of imprisonment 14 years; sentence to be served concurrent with existing sentences; parole ineligibility for the term specified.

Orders

  • Sentence of preventive detention imposed with a minimum period of imprisonment of 14 years
  • Sentence to be concurrent with existing sentences