R v Kiro - [2024] NZHC 853
Decision
Summary
Sentence for manslaughter, burglary and two counts of aggravated assault. Offender entered home through back window late at night. He was discovered in the victim's granddaughter's bedroom by her other granddaughter. The occupants of the house struggled with the offender to stop him from leaving. The victim had a permanent line attached to her jugular that was used for dialysis treatment. Amidst the struggle this was damaged, and she lost a large amount of blood in a short period of time.
HELD: End sentence of three years seven months. A starting point of six years six months was appropriate; five years for manslaughter uplifted 18 months for burglary and assaults. The offending was serious because it involved domestic burglary late at night with sexual intent, but it did not involve serious physical violence. Cumulative 20 per cent discount for personal mitigating features and 25 per cent discount for guilty plea.
HELD: End sentence of three years seven months. A starting point of six years six months was appropriate; five years for manslaughter uplifted 18 months for burglary and assaults. The offending was serious because it involved domestic burglary late at night with sexual intent, but it did not involve serious physical violence. Cumulative 20 per cent discount for personal mitigating features and 25 per cent discount for guilty plea.