R v Lovejoy - [2025] NZHC 3270

Sentence of four years' imprisonment imposed for one charge of manslaughter (Crimes Act 1961, ss 171 and 66(2)). 

Defendant, L, and co-defendant, TM, went into victim's sleep-out in Palmerston North to rob him of methamphetamine. When co-defendants dissatisfied with what they were given, TM presented firearm in sleep-out and threatened victim. L remained in sleepout and rifled through drawers. TM intentionally discharged firearm and murdered victim (s 168). Held, no evidence that L knew of firearm before entering sleep-out, but also that he did not leave sleep-out after firearm presented. Sentenced on basis that L only became aware of firearm when presented in sleep-out, but in that knowledge continued to participate in robbery, knowing it was a probable consequence that TM would cause serious injury to victim with firearm. L not merely a reluctant participant in robbery. 

Relevant circumstances: aggravated robbery context, unlawful entry of private dwelling, more than one offender, use of gang patches for intimidation, presence of firearm, death of victim. 

Held, L's culpability similar to R v Burke [2021] NZHC 136 (starting point of six years and six months) and R v Bush [2018] NZHC 1354 (starting point of seven years and six months). Starting point of seven years' imprisonment adopted. Ten per cent discount given for willingness to plead to manslaughter three weeks before trial, (offer was rejected by Crown). Discount of 15 per cent for youth applied. L aged 19 at time of offending which had hallmarks of youth offending. 

Five per cent discount for impact of incarceration on young children applied (Campbell v R [2020] NZCA 356; Philip v R [2022] NZSC 149). Credit of 10 months given for 16 months on electronically-monitored bail with 24/7 curfew aside from specific activities. End sentence of four years' imprisonment. No minimum period of imprisonment imposed, due to youth, lack of previous convictions, and low risk of reoffending