31 Aug 2023
KAINE VAN HEMERT v R [2023] NZSC 116
- Citation
- [2023] NZSC 116
- Court
- Supreme Court
The Supreme Court held that s 102 requires an overall weighing of the circumstances of the offence and the offender and that the Court of Appeal erred in treating the elements as conjunctive vetoes; however, on the facts the combination of factors—serious brutality and victim vulnerability, significant public safety concerns, and the appellant's limited remorse and social supports—meant it was not manifestly unjust to impose life imprisonment; the minimum period of imprisonment imposed on re-sentencing (11.5 years) was excessive and was quashed and substituted with the statutory minimum of 10…