R v Bell

Case

[2023] NZHC 416

7 March 2023


Details
AGLC Case Decision Date
R v Bell [2023] NZHC 416 [2023] NZHC 416 7 March 2023

CaseChat Overview and Summary

The case of The King v Caleb Bell involved the defendant being sentenced for two counts of attempted murder and one count of driving with excess breath alcohol. Caleb Bell had deliberately driven his car into two young women at a bus stop in Epsom, Auckland, intending to kill them. The court had to determine the appropriate sentence for Bell's actions, considering the purposes and principles of the Sentencing Act 2002, including accountability, deterrence, and the protection of the community. The court had to weigh Bell's personal circumstances, including his mental health issues, lack of previous convictions, and genuine remorse, against the gravity of his offending.

The court determined that a starting point of eight years was appropriate, considering the seriousness of the attempted murders and the use of a car as a weapon. The court accepted the Crown's suggestion of a 25% reduction for Bell's guilty pleas and further reductions for his mental health issues, lack of previous convictions, and prospects of rehabilitation, leading to an overall reduction of 55%. This resulted in a sentence of three years and seven months for the attempted murders and three months for driving with excess breath alcohol, with the sentences running concurrently. The court also disqualified Bell from driving for one year.

The final orders of the court were that Caleb Bell was sentenced to three years and seven months' imprisonment on each count of attempted murder and three months' imprisonment for driving with excess breath alcohol, with the sentences running concurrently. Bell was also disqualified from driving or holding a driver's licence for one year. The court left the issue of his appropriate release date to the Parole Board, which would provide further incentive for Bell to take advantage of relevant rehabilitative programs.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Attempted Murder

  • Driving Under Influence

  • Sentencing

  • Remorse

  • Rehabilitation

  • Mens Rea & Intention

Actions
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Most Recent Citation
R v Kupe [2025] NZHC 769

Cases Citing This Decision

6

R v Kupe [2025] NZHC 769
R v Higgins [2024] NZHC 3500
R v Bell [2023] NZHC 1076
Cases Cited

1

Statutory Material Cited

0

R v Pengelly [2013] NZHC 527
R v Pengelly [2013] NZHC 527