28 Jul 2020
JEFFERIES-SMITH v R [2020] NZCA 315
- Citation
- [2020] NZCA 315
- Court
- Court of Appeal
Given the Judge was entitled to find there was no immediate threat and that the appellant deliberately fired twice at a retreating victim, a 10-year starting point for manslaughter was within the available range; however, because the appellant had, at an early stage, made clear his willingness to plead guilty to manslaughter and failures to formally communicate that stance resulted from counsel transitions rather than the appellant's omission, he was entitled to a 20% discount, reducing the manslaughter sentence from nine to eight years; leave to adduce further evidence was granted.