R v McCarthy - [2025] NZHC 4039

Date of Judgment

17 December 2025

Decision

R v McCarthy (PDF 232 KB)

Summary

Sentence of 17 years and six months’ imprisonment with eight years and nine months MPI for murder, concurrent with two years’ imprisonment for wounding with reckless disregard, and 15 months’ imprisonment for unlawful possession of a firearm and explosives. Defendant 19 years of age at time of offending. Despite presumption of life imprisonment for murder (Sentencing Act 2002, s 102), it would be manifestly unjust in this case: the murder was reckless not premeditated, youth, cognitive limitations and deprivation. MPI imposed of 50 per cent of finite sentence with reference to analogous cases.