29 Jul 2022
The statutory presumption that murder attracts life imprisonment was not displaced by the defendant's youth or personal circumstances; although offences were unpremeditated and influenced by intoxication and adolescent impulsivity, the offender had conscious appreciation that his conduct might kill and continued, therefore life imprisonment with the statutory 10 year minimum non-parole period was required.
17 Jun 2016
For Pomare the court imposed life imprisonment and, although s104 features applied, departed from the 17 year statutory minimum because the offender's age, diagnosed foetal alcohol spectrum disorder and reduced culpability justified a lower non-parole period; the appropriate minimum period was fixed at 12 years after allowance for mitigation including a one year reduction for the guilty plea. For Perkinson the court accepted his limited physical role but found culpability in accompanying Pomare knowing violence was likely and in callous conduct after the attack; a starting point of four years…