30 Mar 2021
R v WITEHIRA [2021] NZHC 678
- Citation
- [2021] NZHC 678
- Court
- High Court
The jury rejected full self-defence, finding the defendant used excessive force without murderous intent; applying comparable authorities the starting point for culpability is five years' imprisonment, reduced by 30% (20% for background trauma and PTSD linked to fight response, 5% for remorse, 5% for rehabilitation potential) yielding a final sentence of three years six months' imprisonment for manslaughter.