R v Cook - [2025] NZHC 1431
Date of Judgment
30 May 2025
Decision
Summary
Sentencing of Jayden Cook for murder. Mr Cook had been drinking with some of his associates at the Māngere Town Centre Bus Station. He became highly intoxicated and fell asleep. When he woke up, he was highly agitated and became violent. First, he seriously assaulted one of his associates who was left unconscious. Second, he seriously assaulted the murder victim. This assault included several full force punches to the head as well as stomping on the head and body of the victim once he had been knocked to the ground. This victim later died in hospital from his injuries. Third, he assaulted his brother who had also been drinking with him.
Life imprisonment with a minimum period of imprisonment of 10-and-a-half years imposed. Life imprisonment was not manifestly unjust in the circumstances. The offending did not reach the threshold whereby life imprisonment with a minimum period of imprisonment of 17 years was necessary. Having regard to similar cases, an 11-year minimum period was an appropriate starting point for the murder. It was appropriate to increase that by two years for Mr Cook's two other convictions being causing grievous bodily harm with intent to injure and assault with intent to injure. A one-year reduction in the minimum period was warranted for Mr Cook's guilty plea and a further 18 months' reduction was appropriate for Mr Cook's personal circumstances. Reductions for youth and remorse declined.
Life imprisonment with a minimum period of imprisonment of 10-and-a-half years imposed. Life imprisonment was not manifestly unjust in the circumstances. The offending did not reach the threshold whereby life imprisonment with a minimum period of imprisonment of 17 years was necessary. Having regard to similar cases, an 11-year minimum period was an appropriate starting point for the murder. It was appropriate to increase that by two years for Mr Cook's two other convictions being causing grievous bodily harm with intent to injure and assault with intent to injure. A one-year reduction in the minimum period was warranted for Mr Cook's guilty plea and a further 18 months' reduction was appropriate for Mr Cook's personal circumstances. Reductions for youth and remorse declined.