| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI |
| SC 104/2021 [2021] NZSC 155 |
| BETWEEN | SURENDER SINGH MEHROK |
| AND | THE QUEEN |
| Court: | William Young, Glazebrook and Williams JJ |
Counsel: | R J Stevens for Applicant |
Judgment: | 11 November 2021 |
JUDGMENT OF THE COURT
The application for leave to appeal is dismissed.
____________________________________________________________________
REASONS
Background
Mr Mehrok was convicted of manslaughter for killing a 14-week-old baby on 7 June 2016. He was 19 at the time. The baby belonged to his then-partner who had gone out at the time of the offence. Mr Mehrok attempted to soothe the baby when he began to cry, but was unsuccessful. Mr Mehrok eventually went into one of the bedrooms and threw the baby, causing massive head trauma.
Mr Mehrok was initially charged with and convicted of murder in 2017. He was retried following a successful appeal against conviction,[1] and found guilty of manslaughter in 2020.
In addition to the murder charge, Mr Mehrok was also charged in relation to multiple assaults on other children living in the same household. All of these occurred before the death of the baby. Mr Mehrok admitted responsibility for the baby’s death, and his assault charges were severed from the murder charge as a result.
Mr Mehrok was sentenced to seven years and nine months’ imprisonment for the manslaughter.[2] His appeal against sentence was dismissed by the Court of Appeal.[3] He seeks leave to appeal against that decision.
The application
[2]R v Mehrok [2020] NZHC 2722 (Gordon J) [HC judgment].
[3]Mehrok v R [2021] NZCA 370 (Brown, Brewer and Davison JJ) [CA judgment].
Mr Mehrok submits that his case raises three issues of general or public importance:
(a)whether a guilty plea discount precludes any further discount for steps taken to shorten proceedings;
(b)whether an uplift for the convictions in relation to the other children is appropriate where those convictions were entered after the date of the index offending; and
(c)whether it is appropriate to reduce a youth discount for lack of remorse and poor prospects of rehabilitation.
Mr Mehrok also submits that the reduction in youth discount in his case resulted in a miscarriage of justice.
Steps taken to shorten proceedings
Lower Court decisions
At sentencing, the High Court Judge declined to give Mr Mehrok a discount for taking steps to shorten his trial, as provided by s 9(2)(fa) of the Sentencing Act 2002.[4] The Court of Appeal upheld the decision, noting that admitting evidence that is plainly not in dispute will not usually attract a discrete discount.[5] Nor will there be more than one discount if a single concession also has the incidental effect of shortening the proceeding.[6] The Court agreed that Mr Mehrok’s admission of responsibility for the baby’s death should not result in a further discount for shortening the trial, as that was incidental.[7] And the severance of the assault charges was to Mr Mehrok’s advantage;…
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- Mehrok v The Queen [2021] NZSC 155
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- [2021] NZSC 155
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Orders
Orders of the court
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Background
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Evidence
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