7 Nov 2016
SHIVNEEL SHAHIL KUMAR v R [2016] NZSC 147
- Citation
- [2016] NZSC 147
- Court
- Supreme Court
Leave to appeal dismissed; the one transaction doctrine does not require proof of an antecedent plan extending to the fatal act; on the facts the evidence made it inevitable the applicants rendered the victim deeply unconscious and, on the Crown's one transaction theory, the jury could inevitably find murderous intent in the assault prior to setting the victim alight; trial directions including on withdrawal were sufficient; the s 104 sentencing threshold was correctly applied and the minimum period of 17 years was justified.