R v Brackenridge

Case [2019] NZHC 1627


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI 2016-004-11508

[2019] NZHC 1627

THE QUEEN

v

KIRI PAUL PATIRA BRACKENRIDGE

Hearing: 12 July 2019

Appearances:

S S McMullan and H E Savage for the Crown

M J Dyhrberg QC, N P Chisnall and H B Hellyer for Mr Brackenridge

Judgment:

12 July 2019


SENTENCING NOTES OF JAGOSE J


Solicitors/Counsel:

Crown Solicitors, Meredith Connell, Auckland M J Dyhrberg QC, Auckland

N P Chisnall, Barrister, Auckland H B Hellyer, Barrister, Auckland

R v BRACKENRIDGE [2019] NZHC 1627 [12 July 2019]

[1]    Mr Brackenridge, on 7 May 2019, a jury found you guilty of the murder of your mother, Linda Edwards.1 You also were found guilty of arson and dishonest use of a bankcard.2 I convicted you then, and gave you a first strike warning. I now sentence you on your convictions.

[2]    For your murder conviction, I must sentence you to life imprisonment, unless that would be manifestly unjust.3 I have considered what counsel have had to say, both for you and for the Crown. The Crown recommends you be sentenced to life imprisonment, with a minimum period of imprisonment (“MPI”) in the range of 11 years. Your counsel, Marie Dyhrberg QC, says life imprisonment in all the circumstances would be manifestly unjust, and recommends you be sentenced instead to a finite term of 11 years’ imprisonment. The Crown says of that, there should still be a minimum period of imprisonment. But I must decide your sentence for myself.

Background

[3]    At the time of your offending in November 2016, you suffered from drug- induced schizophrenia. You had stopped using methamphetamine in September 2016, but your psychotic state persisted. It altered your view of your mother and the world. In this state, you travelled from Gisborne to Auckland on 8 November 2016. You went to your mother’s address, a one-bedroom unit in Mt Roskill. That night, the two of you argued, and you became upset. At some point, you strangled your mother, killing her.

[4]    You then took her car and bankcard, using the card to make two cash withdrawals – effectively clearing the account – from an ATM. You drove on to a petrol station, and bought cigarettes and a small amount of petrol. You used the petrol to set fire to a sofa inside your mother’s unit. Flames quickly engulfed the unit, rendering it uninhabitable. Ms Edwards’ body was discovered once the fire had been extinguished.


1      Crimes Act 1961, s 172. Maximum penalty is life imprisonment.

2      Sections 267(1)(b) and 228(b) respectively. The maximum term of imprisonment for arson is 14 years. The maximum term of imprisonment for use of a document to pecuniary advantage is seven years.

3      Sentencing Act 2002, s 102.

[5]    The next day, police went to your sister’s home nearby, where you were. You walked away when police arrived, but soon returned. After some discussions with police, you were arrested.

[6]    There was evidence…

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R v Brackenridge [2019] NZHC 1627
Case
[2019] NZHC 1627
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CaseChat Overview and Summary

Kiri Paul Patira Brackenridge was convicted of murdering his mother, Linda Edwards, on 7 May 2019, and was also found guilty of arson and dishonest use of a bankcard. The court had to determine an appropriate sentence for these convictions, considering the aggravating and mitigating factors involved. The primary issue was whether life imprisonment would be manifestly unjust given Brackenridge's drug-induced schizophrenia at the time of the offence. The court held that while Brackenridge's mental state was a significant mitigating factor, it did not sufficiently mitigate his culpability to warrant a departure from the mandatory life sentence for murder. The court reasoned that the circumstances of the murder, including its premeditation and the significant harm caused, warranted the default sentence of life imprisonment. However, considering Brackenridge's mental health issues, drug addiction, and personal circumstances, the court set a minimum period of imprisonment of ten years, acknowledging the mitigating factors while ensuring the sentence met the purposes of denunciation and protection of the community.

The court sentenced Brackenridge to life imprisonment for the murder, with a minimum period of ten years. For the arson conviction, he was sentenced to three years and six months, and for the dishonest use of a bankcard, he received a sentence of three months, all to be served concurrently. The outstanding fines were remitted.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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