R v McLean - [2026] NZHC 982

Sentence of life imprisonment with minimum period of imprisonment (MPI) of 17 years imposed for charge of murder (Crimes Act 1961, s 168). Defendant, M, entered victim's sleep-out with co-defendant, L, to rob O of methamphetamine. M presented firearm and threatened O. O shot in head. Jury found discharge of firearm intentional; M guilty of murder. L convicted of manslaughter ([2025] NZHC 3270).

Held, life sentence not manifestly unjust (Sentencing Act, s 102).

Held, s 104(1A)(c) and (d) engaged. Murder committed in O's dwelling and in commission of serious offence. 17 year MPI required unless manifestly unjust.

Held, MPI of 14 years appropriate if not for s 104. Offending similar to Clarke [2021] NZCA 151; small discount appropriate for youth and effect of undiagnosed auditory processing disorder.

Held, not satisfied MPI of 17 years manifestly unjust.