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R v Lima Terry Feleti [2019] NZHC 94

07 February 2019

Decision

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Summary

Sentence for manslaughter.
18 year-old defendant threw metal tool at victim after dispute in workplace. Tool struck victim in left cheek just below eye, causing fatal penetratinginjury. Comparison drawn with one-punch manslaughter cases, in particular R v Rakete.
Starting point of 3 years adopted. Uplift of 2 months for offending on bail. Discount of 20% for youth and 5% for remorse (defendant had taken responsibility for actions and offered to engage in restorative justice). Further discount of 1 month for time spent under 24 curfew and 25% guilty plea discount.
Final sentence of 1 year, 8 months' imprisonment commuted to 10 months home detention due to strong chances of rehabilitation.


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