Salt v R - [2026] NZCA 62
Date of Judgment
06 March 2026
Decision
Summary
Criminal law — Sentence appeal — Murder — Minimum period of imprisonment
The appeal is allowed. The minimum period of imprisonment of 12 years is set aside and replaced with a minimum period of imprisonment of 11 years.
Mr Salt was found guilty by jury of the murder of Tofimua Matagi. He was sentenced to life imprisonment with a minimum period of imprisonment (MPI) of 12 years. He appeals his MPI on the basis it is manifestly excessive, as the starting point was too high and insufficient weight was placed on his personal mitigating factors.
Is the MPI of 12 years manifestly excessive? Held: Yes.
The starting point of 12 and a half years was manifestly excessive when compared with other similar cases and considering the aggravating factors of the offending. The Judge’s approach to discounts for personal mitigating factors was correct.