R v M - [2024] NZHC 576
Date of Judgment
18 March 2024
Decision
Summary
Sentencing notes for attempted murder (Crimes Act 1961, s 173) by defendant who had just turned 15 at the time following a Judge alone trial in the Youth Court (Police v MM [2022] NZYC 209).
Held, three aggravating factors were present: premeditation, serious injuries and use of a weapon (R v Taueki [2005] NZCA 174). No mitigating factors.
Starting point of seven years' imprisonment adopted in light of offending falling in band two of R v Taueki more serious than low end of band of 5 years but the offending less serious than comparator cases (R v McRae [2017] NZHC 1881; R v Taipari [2014] NZHC 577; with similarities to Police v EGO DC Wanganui CRl-2005-283-75, 15 May 2006).
30 per cent discount applied for defendant's youth (Churchward v R [2011] NZCA 531; and R v Ormsby-Turner [2023] NZCA 601). 30 per cent discount applied for rehabilitative prospects and progress.
Eight month discount applied for time spent on electronically monitored bail. Sentence of imprisonment converted to maximum available period of home detention (Sentencing Act 2002, s 80A(3)).
End sentence of 12 months' home detention imposed.
Application for final name suppression adjourned.
Held, three aggravating factors were present: premeditation, serious injuries and use of a weapon (R v Taueki [2005] NZCA 174). No mitigating factors.
Starting point of seven years' imprisonment adopted in light of offending falling in band two of R v Taueki more serious than low end of band of 5 years but the offending less serious than comparator cases (R v McRae [2017] NZHC 1881; R v Taipari [2014] NZHC 577; with similarities to Police v EGO DC Wanganui CRl-2005-283-75, 15 May 2006).
30 per cent discount applied for defendant's youth (Churchward v R [2011] NZCA 531; and R v Ormsby-Turner [2023] NZCA 601). 30 per cent discount applied for rehabilitative prospects and progress.
Eight month discount applied for time spent on electronically monitored bail. Sentence of imprisonment converted to maximum available period of home detention (Sentencing Act 2002, s 80A(3)).
End sentence of 12 months' home detention imposed.
Application for final name suppression adjourned.