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R v Archer [2019] NZHC 3146

02 December 2019

Decision

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Summary

Mr Archer appeared for sentence having been found guilty of one charge of manslaughter. The jury must have found that he struck the two-year-old victim or caused her head to be struck, causing a catastrophic brain injury.

The Court adopted a starting point of 8 years 6 months. A discount of 15 per cent was applied to take into account Mr Archer's personal factors. No discount was applied for the pre-trial offer to plead guilty to manslaughter, as unlike other case law, the offer was made only informally.

In the result, Mr Archer was sentenced to 7 years 3 months' imprisonment.
An MPI of 50 per cent was also applied.


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