23 Sept 2022
R v KAITAI [2022] NZHC 2438
- Citation
- [2022] NZHC 2438
- Court
- High Court
Life imprisonment was mandatory and not displaced because the defendant made conscious and reckless decisions to arm herself and to use the weapon; the offending was reckless and disproportionate to provocation, involved an illegal sawn-off shotgun and caused significant harm; taking into account aggravating and mitigating factors and relevant comparative authorities (notably R v Paewhenua), the appropriate MPI was fixed at 10 years and 9 months (discounts applied for provocation, PTSD features, intoxication and remorse); subsidiary offending dealt with by concurrent one year sentence; firear…