New Zealand Case Law: Decisions & Judgments

Topic

Attempted murder

Legal area

Court

5 May 2023

R v BELL [2023] NZHC 1076

Citation

[2023] NZHC 1076
Court

High Court

The starting point for this attempted murder (use of a car as weapon, serious physical and psychological injury, vulnerable victim and abuse of trust) is six years imprisonment (Taueki band two analogue). Applying discounts of 10% for prior good character, 10% for mental health at time of offending, and a three month credit for seven months on electronically monitored bail produced a final sentence of four years and six months imprisonment. No minimum period of imprisonment was imposed.
28 Apr 2023

R v DALLISON [2023] NZHC 976

Citation

[2023] NZHC 976
Court

High Court

Applying Taueki bands the offending fell into Band 3; a starting point of 10.5 years' imprisonment was appropriate given premeditation, home invasion, firearm use, victim vulnerability, targeting the head, serious injury and revenge motive; that starting point was reduced by 35% (25% guilty plea and 10% for previous good character) to 6 years 10 months' imprisonment; firearms offences were not double‑counted and no minimum period under s86 Sentencing Act was required.
7 Mar 2023

R v CALEB BELL [2023] NZHC 416

Citation

[2023] NZHC 416
Court

High Court

The offending involved deliberate use of a vehicle as a weapon against two unknown victims causing serious injuries and falls in the higher range of band 2 under R v Taueki; a starting point of eight years was appropriate, and after applying a 25% guilty plea discount and incremental reductions of 10% for mental health, 10% for personal circumstances/lack of record, and 10% for genuine remorse and rehabilitation (total 55% reduction) the effective sentence is three years seven months' imprisonment for the attempted murder charges, concurrent with a three month sentence for the driving offence…
7 Feb 2023

R v NATHAN (SENTENCING NOTES) [2023] NZHC 120

Citation

[2023] NZHC 120
Court

High Court

The court refused the defence request for an additional reduction because the new material did not add materially to what was before the court at the sentencing indication, and allowing further reduction would amount to double-counting factors already reflected in the starting point; accordingly the sentence of nine years' imprisonment with a 50% non-parole period is confirmed.
18 Nov 2022

HUGHES v R [2022] NZCA 565

Citation

[2022] NZCA 565
Court

Court of Appeal

Time to file the appeal was extended and fresh evidence admitted, but the Court found the appellant's confession was voluntary and corroborated, trial counsel provided competent and adequate advice, the Sentencing Act criteria for preventive detention were met and properly applied, and the sentence of preventive detention was not manifestly excessive; accordingly the appeal against conviction and sentence was dismissed.
20 Oct 2022

R v WHEBLE [2022] NZHC 2730

Citation

[2022] NZHC 2730
Court

High Court

Given the defendant's escalating pattern of serious violent offending including two attempted murders, clinical and actuarial assessments that he poses a very high risk of serious violent reoffending, lack of meaningful rehabilitative engagement, and consideration of the s87(4) factors, a finite cumulative sentence would not sufficiently protect the community or incentivise treatment; preventive detention with a five-year minimum period was therefore necessary and was imposed.
30 Jun 2022

R v RANUI DICK-KARETAI [2022] NZHC 1536

Citation

[2022] NZHC 1536
Court

High Court

Given multiple significant aggravating features (near-lethal head injury causing permanent impairment, use of firearm, invasion of home in breach of trespass and evidence of premeditation) the appropriate starting point was 11 years and six months; applying a full 25% discount for an early guilty plea, a 10% discount for good character and personal mitigation, and a 5% discount for remorse (total 40% reduction) produced an end sentence of six years and eleven months' imprisonment; a forfeiture and destruction order for the .22 rifle and ammunition was made under s69 Arms Act 1983 and no minim…
26 May 2022

R v JASPAL SINGH [2022] NZHC 1188

Citation

[2022] NZHC 1188
Court

High Court

Court set a sentencing starting point of 12.5 years' imprisonment for attempted murder given planning, multiple attackers, extreme violence and likely religiously motivated conduct; applied aggregate discounts totalling 55% (30% for full admission, 17.5% for guilty plea, 7.5% for remorse/mitigation) and a further 4.5 months credit for pre-sentence electronic curfew, resulting in a final sentence of five years three months' imprisonment; no minimum non-parole period imposed.
11 May 2022

WARREN v R [2022] NZCA 179

Citation

[2022] NZCA 179
Court

Court of Appeal

The application to withdraw the notice of abandonment was declined because the 2018 abandonment was a deliberate and informed decision (not a nullity) and no exceptional circumstances existed to justify withdrawal; there was no substantial prospect of miscarriage of justice on either conviction (jury directions and self‑defence direction were adequate) or sentence (preventive detention under s 87 was open given risk and lack of engagement); NZ law applies to the appellant, so leave is refused.
3 May 2022

R v LAMBERT [2022] NZHC 924

Citation

[2022] NZHC 924
Court

High Court

Court fixed a global starting point of 20 years' imprisonment reflecting placement in Taueki band three and multiple severe aggravating features; applied a 10% reduction for mental impairment (insufficiently causative to warrant larger discount) and full 25% guilty plea discount, yielding a total 35% reduction and an end sentence of 13 years' imprisonment; imposed sentences for four attempted murder charges to be served concurrently; imposed a minimum period of imprisonment of 50% (6.5 years); imposed publication prohibition relating to victims' mental health material and CCTV footage.