R v Gabriel - [2025] NZHC 3892

Sentencing – the offenders had been found guilty of manslaughter – the charge related to an incident in which the two defendants travelled late at night to a rural address to find a person who had been seen wearing clothing with gang insignia on it when he was not a patched member of the gang – the purpose of the visit was to retrieve the clothing in question and to inflict physical violence on the person who had been seen wearing it – as soon as the person came to the door he was attacked by both defendants and suffered unsurvivable brain injury – starting point eight and a half years' imprisonment – uplift of three months for one offender to reflect the fact that the offending had occurred whilst he was subject to a sentence of intensive supervision – discount of 20 per cent to reflect the fact that both offenders had offered to plead guilty to manslaughter prior to trial – further discounts for other mitigating factors reduced the end sentence for one offender to six years, three months' imprisonment and for the other offender to six years, six months' imprisonment – no minimum term of imprisonment ordered.