14 Jun 2019
The appropriate starting point is four years three months imprisonment based on the defendant's culpability comparable to a co-offender who removed a firearm but did not discharge it; a five-month discount is applied for prior attempts to resolve charges via a sentence indication, producing an effective concurrent sentence of three years ten months imprisonment.
9 Feb 2018
The Court treated participation in the organised criminal group as the lead offence for most defendants, adopting a 3.5 year starting point for foot-soldiers based on comparable gang cases (Te Kahu). Individual adjustments were made: uplift for McMeeking for intentional damage (+6 months), uplift for Dashwood for reckless firearm discharge (+18 months) yielding 5 years, and uplift for Jolley to reflect attempted murder and one year uplift for organised group to total 11 years. Cultural disadvantage and consenting to a nine-member jury did not justify discrete percentage discounts; limited cre…
1 Oct 2015
Life imprisonment was mandatory for the murder conviction; s104(1) required a statutory minimum term of at least 17 years because the killing occurred in the victim's home in the course of armed robbery; separate, serious additional offending (conspiracy to pervert the course of justice and wounding with intent) warranted discrete uplifts totalling 2 years and 3 months producing a minimum term of 19 years; other sentences were imposed concurrently.