New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Brutality

  • 16 Jul 2021

    R v OTI [2021] NZHC 1800

    Citation
    [2021] NZHC 1800
    Court
    High Court

    Court found s104(1)(e) engaged on the brutality limb because the murder involved progressive, sustained, and targeted violence including use of a drawer as a weapon and repeated head and chest assaults; having fixed a starting point of 17 years, the Court applied a 10% personal mitigation discount (5% for childhood sexual abuse impact and trigger; 5% for genuine remorse and rehabilitation steps) yielding an MPI of 15 years 3 months; the Court further found it would be manifestly unjust to impose a 17-year MPI or life imprisonment without parole under s86E, and therefore sentenced the defendan…

  • 10 Feb 2016

    R v KAUR & SINGH [2016] NZHC 125

    Citation
    [2016] NZHC 125
    Court
    High Court

    The Court concluded s 104 was engaged because the murder combined deliberate planning (multiple attempts over a two week period and following the victim to a layby) and extreme brutality (a series of forceful cuts to the throat resulting in a gaping, unsurvivable wound and multiple stab wounds); both defendants were equally culpable as joint participants; accordingly life sentences with a minimum term of 17 years before parole eligibility were imposed.