R v Bevan

Case

[2012] NZHC 2969

8 November 2012


Details
AGLC Case Decision Date
R v Bevan [2012] NZHC 2969 [2012] NZHC 2969 8 November 2012

CaseChat Overview and Summary

The defendant, Tuaine Llewellyn Bevan, was convicted of manslaughter, possession of cannabis for sale, and unlawful possession of a firearm. The court had to decide the appropriate starting point and the final sentence for each charge. For the manslaughter charge, the court considered the recklessness and the aggravating factors, such as the use of a weapon and the attack on a vulnerable victim. The court found that the manslaughter charge warranted a starting point of seven to eight years' imprisonment. The court also took into account the defendant's remorse, previous convictions, and the need for individual deterrence. For the cannabis possession charge, the court considered the element of commerciality and the totality principle, and decided on a starting point of two years and two years and six months' imprisonment. For the unlawful possession of firearm charge, the court decided on a concurrent sentence of nine months' imprisonment. Finally, the court imposed a first strike warning on the defendant for any further serious violent offence.

The final orders of the court were that the defendant be sentenced to a total of six years and eight months' imprisonment, consisting of five years and eight months' imprisonment for manslaughter (with a minimum period of imprisonment of three years), one year's imprisonment for cannabis possession (cumulative on the manslaughter charge), and nine months' imprisonment for unlawful possession of a firearm (concurrent). The court also issued a first strike warning to the defendant.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Manslaughter

  • Aggravated & Exemplary Damages

  • Sentencing

  • Causation

  • Involuntary Manslaughter

  • Recklessness

  • Remorse

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Most Recent Citation
R v Moananui [2021] NZHC 1723

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