R v Jetson - [2025] NZHC 1022

Sentencing for felony murder; defendant and three others involved in plan to rob victim; victim was lured to the primary offender's; defendant rendered victim unconscious but not present when weapon introduced or fatal blows administered; defendant and one co­defendant transported victim and dropped him at car park with severe injuries while other two co-defendants cleaned up the scene of assault; defendant and two co-defendants then drove to victim's address and burgled his house; victim was vulnerable due to age and being heavily outnumbered; the robbery was premeditated; defendant pleaded guilty before re-trial commenced, following form of sentence indication confirming life imprisonment would not be imposed; defendant aged 20 at time of offending. 

HELD: life sentence would be manifestly unjust due to defendant's youth at the time of offending, his low cognitive functioning and developmental, medical and behavioural issues at the time of offending, as well as his limited role in the felony murder, influence exerted on him by primary defendant, and lack of knowledge that a weapon was present; finite sentence appropriate; starting point of 24 years' imprisonment adopted; 20 per cent deduction for youth and rehabilitative prospects; 15 per cent deduction for guilty plea; 15 per cent deduction for personal factors and mental health; one year deduction for time spent on EM bail; end sentence of 11 years' imprisonment with MPI of six years' imprisonment.