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R v Wakefield [2019] NZHC 1629

12 July 2019

Decision

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Summary

Minimum period of imprisonment (MPI) of 14 years 9 months imposed for reckless, non-intentional murder of an infant by shaking.
Victim's vulnerability would, pursuant to s 104 of the Sentencing Act 2002, presumptively warrant MPI of 17 years or more. Without  s 104, starting point of 15.5 years adopted, with range of mitigating factors warranting nine month reduction in MPI. Difference between appropriate MPI in absence of s 104 and 17 years as directed by that section would make it manifestly unjust to impose MPI of 17 years.


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