7 Dec 2020
R v VAN HEMERT [2020] NZHC 3203
- Citation
- [2020] NZHC 3203
- Court
- High Court
The defendant was suffering a severe psychotic episode causative of the killing and oversight in the committal assessment process contributed to the risk; accordingly, imposing life imprisonment would be manifestly unjust although the defendant was not legally insane. Applying a starting point of 18 years for the brutality and vulnerability of the victim, the Court applied a 25% (4.5 years) reduction for mental illness and a further approximately 19% (3.5 years) reduction for the guilty plea, yielding a finite sentence of 10 years, with a minimum period of imprisonment of six years and eight…