The King v F - [2025] NZHC 1894
Date of Judgment
11 July 2025
Decision
Summary
Manslaughter sentencing — defendant 13-years-old (at time) — killed victim with one stab in abdomen at street/bus hub area — carried knife concealed — produced when older/larger teenager confronted defendant — defendant chased victim, twice widely swinging knife, one connecting stab — defendant pleaded not guilty to murder — defended on ground of self-defence — jury found defendant not guilty of murder but guilty of manslaughter — jury must have rejected defence of self-defence — Judge on sentencing found defence failed because conduct was not in self-defence.
Defendant applied for discharge without conviction and permanent name suppression — principal grounds advanced were youth; underlying mental health conditions, including ADHD and PTSD; and likelihood defendant and his mother and sister would be deported.
Evidence of excellent progress to rehabilitation since offence — Court found excellent prospects of rehabilitation and reintegration.
Held: defendant convicted — consequences of conviction were not out of all proportion to the gravity of the offence. Sentence of three years’ and three months’ imprisonment — defendant’s name permanently suppressed.