New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing act 2002 s102-s104

Legal area

Court

14 Dec 2022

R v MORRIS-BAMBER & BAMBER [2022] NZHC 3407

Citation

[2022] NZHC 3407
Court

High Court

Section 104 did not apply because the aggravating features (planning, unlawful entry, brutality, vulnerability) did not individually meet the high statutory threshold; both defendants were nevertheless guilty of murder with life sentences: Morris-Bamber received life imprisonment with a minimum non-parole period of 16 years given brutality, home invasion, premeditation and prior serious offending; Bamber received life imprisonment with a minimum non-parole period of 13 years because she incited, aided and materially assisted the murder (providing address, encouragement and deletion of evidenc…
10 Dec 2021

R v EPIHA [2021] NZHC 3394

Citation

[2021] NZHC 3394
Court

High Court

Starting from a 24-year MPI for the murder based on aggravating features, uplifted 5 years for totality to 29 years and adjusted for offending on release and guilty plea and personal mitigation to a final MPI of 27 years, the Court held that although whole of life could be supported by the offending, imposing life without parole would be manifestly unjust given the offender's age and personal circumstances; accordingly life imprisonment with a minimum non-parole period of 27 years was imposed.