New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

One-punch manslaughter

  • 8 Dec 2022

    R v SHEED [2022] NZHC 3304

    Citation
    [2022] NZHC 3304
    Court
    High Court

    The defendant's deliberate punch to the head was a substantial and operative cause of death, aggravated by the victim's vulnerability and continuation of group violence; applying Taueki methodology a starting point of five years and eight months' imprisonment was appropriate and, after allowing two months' credit for time on electronically monitored bail, the appropriate sentence is five years and six months' imprisonment.

  • 21 Oct 2020

    R v HAKOPA [2020] NZHC 2763

    Citation
    [2020] NZHC 2763
    Court
    High Court

    Starting point of four years six months imprisonment was appropriate for this one‑punch manslaughter having reviewed comparable authorities; substantial cumulative discounts (upbringing/systemic deprivation, maximum early guilty plea discount, remorse, youth/character and EM bail compliance) reduced the term to 20 months imprisonment which was converted to 12 months home detention because the final custodial term was less than two years and home detention adequately met sentencing purposes; crucially medical evidence established death resulted from the punch and fall and that subsequent kicks…

  • 9 Aug 2019

    R v NEPIA [2019] NZHC 1932

    Citation
    [2019] NZHC 1932
    Court
    High Court

    Starting from a 3.5 year (42 month) tariff for one-punch manslaughter, the Judge allowed a 35% reduction for personal mitigation (cultural background, remorse, restorative justice, youth and rehabilitation prospects), a four month credit for restrictive EM bail, and a 25% guilty plea discount, reducing the effective imprisonment to about 17 months; applying the principle of the least restrictive appropriate sentence the Court converted the outcome to eight months' home detention as the final sentence.