New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Accessory after the fact to manslaughter

  • 10 Nov 2022

    R v GRAHAM & HYDE [2022] NZHC 2947

    Citation
    [2022] NZHC 2947
    Court
    High Court

    Graham: life imprisonment with a minimum period of 13 years was imposed because the killing involved deliberate use of an unlawful firearm, callous concealment and prolonged deceit which aggravated culpability; limited mitigation (PTSD, partial rehabilitation, EM bail) reduced a 14-year starting minimum to 13 years. Hyde: offending comprised repeated and calculated steps to conceal a homicide (burial, concealment efforts) but significant mitigation for youth, manipulation and good character reduced a 30-month starting point to an effective 17 months; given sentencing purposes and community de…

  • 17 Apr 2019

    R v DOYLE [2019] NZHC 856

    Citation
    [2019] NZHC 856
    Court
    High Court

    Court adopted a starting point of 12 months imprisonment for accessory after the fact to manslaughter, allowed a three month (approx. 25%) reduction for a guilty plea to reach nine months, and having received pre-sentence and EM reports imposed home detention rather than imprisonment; final sentence fixed at four months two weeks home detention because the defendant qualified for EM, a suitable address was available, but recent drug relapse and need for deterrence precluded a larger reduction or community detention; EM conditions to apply and corrections may seek a non‑association condition.