Police v Kendall

In the High Court of New Zealand, the case of New Zealand Police v Evan Mark Kendall involved the sentencing of Kendall on the serious charge of attempted murder. The central issue was the gravity of the offence and the appropriate sentence considering the offender's background and circumstances. The court had to determine the appropriate starting point for the sentence, any deductions to be made, and the final sentence to be imposed. Additionally, the court needed to decide on the imposition of a protection order against the offender and whether to issue a formal three strikes warning.

The court detailed the facts of the offence, which involved a sustained and violent attack on Kendall's partner over a period of time. The violence included punching, beating, and stabbing the victim, with the offender intending to kill both himself and the victim. The court highlighted the seriousness of the injuries inflicted and the lasting impact on the victim. The offender had multiple opportunities to stop the attack but did not, leading to a premeditated and deliberate assault. The court emphasised the need to denounce the act, deter similar behaviour, protect the victim and the community, and hold the offender accountable.

Williams J sentenced Kendall to four years' imprisonment, starting with a baseline of seven years but reducing it by three years considering his early guilty plea, acceptance of responsibility, and certain mitigating factors such as his lack of a criminal history prior to this offence, his lack of mental illness, and his social isolation and difficulty in forming meaningful bonds with others. The court also imposed a protection order preventing Kendall from contacting the victim again and issued a formal three strikes warning, indicating the severe consequences of any future serious violent offences.