New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Unlawful common purpose
  • 28 Sept 2022

    R v FRENCH [2022] NZHC 2470

    Citation
    [2022] NZHC 2470
    Court
    High Court

    Defendant was sentenced for manslaughter on the basis he participated in an unlawful common purpose and did not sufficiently withdraw; applying Taueki the offending sits at the higher end of Band 2 and a starting point of six years nine months was appropriate, reduced by recognised mitigators (including 25% guilty plea and further allowances for restorative justice and custody hardship totalling 40%) yielding an end sentence for manslaughter of four years which, after application of the totality principle with existing sentences, resulted in a cumulative manslaughter sentence of three years a…