New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sentencing act s86e

  • 16 Jul 2021

    R v OTI [2021] NZHC 1800

    Citation
    [2021] NZHC 1800
    Court
    High Court

    Court found s104(1)(e) engaged on the brutality limb because the murder involved progressive, sustained, and targeted violence including use of a drawer as a weapon and repeated head and chest assaults; having fixed a starting point of 17 years, the Court applied a 10% personal mitigation discount (5% for childhood sexual abuse impact and trigger; 5% for genuine remorse and rehabilitation steps) yielding an MPI of 15 years 3 months; the Court further found it would be manifestly unjust to impose a 17-year MPI or life imprisonment without parole under s86E, and therefore sentenced the defendan…

  • 17 Feb 2015

    R v JUSTIN VANCE TURNER [2015] NZHC 189

    Citation
    [2015] NZHC 189
    Court
    High Court

    The court held that, applying the mid-level 'manifestly unjust' standard appropriate to s86E, the combination of the offender's severe personality disorder complicated by substance abuse, his demonstrated remorse and early guilty plea, and the prospect that treatment in custody might mitigate risk, made it manifestly unjust to impose life imprisonment without parole; although s104 was engaged (brutality and victim vulnerability) the court reduced the statutory 17 year MPI by 6 months for mental disorder and 1.5 years for the guilty plea, resulting in a 15 year MPI and life sentence with parol…