New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Minimum term under s104

Legal area

Court

11 Jun 2018

R v WARREN [2018] NZHC 1370

Citation

[2018] NZHC 1370
Court

High Court

Section 104 applied because the murder involved subverting the course of justice, callousness, breach of bail and premeditation; after assessing aggravating features and prior convictions (one year uplift) the starting point was 19 years, reduced by a two year guilty plea discount, resulting in a minimum term of 17 years; the defendant is sentenced to life imprisonment with that minimum term.
26 May 2017

R v STROOBANT [2017] NZHC 1122

Citation

[2017] NZHC 1122
Court

High Court

The Court imposed life imprisonment for murder with a minimum term of 17 years (starting point 20 years reduced by 2 years for youth/background and 1 year for a guilty plea) and imposed preventive detention with a minimum term of 10 years for the sexual violation because psychiatric and risk assessments established a high likelihood of future qualifying sexual or violent offending and preventive detention was necessary to protect the community and incentivise rehabilitation.