3 May 2017
Although a larger combined discount for youth and FASD may have been open to the sentencing Judge, the trial Judge lawfully exercised discretion having regard to objective seriousness, the aggravating features under s 104, and the available discounts; the resulting life sentence with a 12-year MPI is not manifestly excessive and the appeal is dismissed.
17 Jun 2016
For Pomare the court imposed life imprisonment and, although s104 features applied, departed from the 17 year statutory minimum because the offender's age, diagnosed foetal alcohol spectrum disorder and reduced culpability justified a lower non-parole period; the appropriate minimum period was fixed at 12 years after allowance for mitigation including a one year reduction for the guilty plea. For Perkinson the court accepted his limited physical role but found culpability in accompanying Pomare knowing violence was likely and in callous conduct after the attack; a starting point of four years…