IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2016-019-005890
[2018] NZHC 1217
THE QUEEN v
LANCE TANGIARIKI BUSH
Hearing: 28 May 2018 Counsel:
J N Foster and R L Mann for the Crown P J Morgan QC for the Defendant
Sentence:
28 May 2018
SENTENCE OF EDWARDS J
Counsel: P J Morgan, QC Hamilton
Solicitors: Almao Douch (Office of the Crown Solicitor), Hamilton
R v BUSH [2018] NZHC 1217 [28 May 2018]
[1] Lance Tangiariki Bush, you appear for sentencing today for murder and for aggravated robbery. You pleaded guilty to those charges in the middle of a jury trial earlier this year.
[2] Your convictions relate to the brutal killing of Brent Brown. Before I go on, I want to acknowledge the friends and family of Mr Brown who are in Court today. The law sets out a process which I must follow in sentencing Mr Bush today. It does not, and it cannot, respond adequately to the loss of a loved one in such senseless and horrific circumstances.
[3] I know, too, that you will be disappointed that Lance Bush Jnr is not here for sentencing today. But I hope that you will understand that the sentence which I ultimately impose, whether on Lance Bush Snr or Lance Bush Jnr, must reflect, as closely as possible, what happened that terrible night. And to go ahead today with a sentencing for Lance Bush Jnr would risk getting that sentence wrong, and that, I think you would agree, would be a much worse thing for all concerned.
[4] I will return shortly to the victim impact statements, but for now I do want to acknowledge your presence, and extend the Court’s sympathy for your loss.
The offending
[5]Mr Bush, I now turn to summarise your offending.
[6] Brent Brown was a quiet man who kept to himself. He was a collector of sorts, and the things that he collected were his prized possessions. One of those prized possessions was his Ford Fairmont car, which was parked outside the boarding house where he lived. It was a car worth $800, which did not move, and was full of Mr Brown’s treasures.
[7] Mr Bush, you and an associate, Mr Houia, formed a plan to steal Mr Brown’s car. Apparently, you wanted it for parts. You would tell someone later that the plan was to tie Mr Brown up and then take his car.
[8] On the evening of 31 August 2016 you put that plan into action. You and your son went to the boarding house that night. You went into Mr Brown’s bedroom wearing white latex gloves and armed with a weapon. You threatened Mr Brown. You told him you were going to tie him up so that you could take his car.
[9] Mr Brown appears to have resisted. He began throwing things at you. And you retaliated by commencing a horrific and sustained attack against him. You…
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CaseChat Overview and Summary
The court was required to determine the appropriate sentence for the defendant, including the minimum period of imprisonment for the murder charge, and a concurrent sentence for the aggravated robbery. The court considered the aggravating features of the offending, including the unlawful entry, the commission of the murder during an aggravated robbery, and the high level of brutality and callousness. The court also considered the comparison to other cases of particularly serious murders and the personal aggravating and mitigating features of the defendant.
The court determined that a minimum period of imprisonment of 17 years was appropriate for the murder charge, as it was consistent with the purposes of sentencing and the policy of the relevant statute. The court also considered a 10-year sentence for the aggravated robbery, to be served concurrently with the murder sentence. The court concluded that the sentence reflected the seriousness of the offending and provided adequate denunciation, deterrence, and protection of the community.
The court sentenced the defendant to life imprisonment for the murder of Mr Brown, with a minimum period of imprisonment of 17 years. The court also sentenced the defendant to 10 years' imprisonment for the aggravated robbery, to be served concurrently with the murder sentence. The court acknowledged the devastating impact of the offending on Mr Brown's family and the community, and expressed sympathy for their loss. The court emphasised that the sentence reflected the seriousness of the offending and provided adequate denunciation, deterrence, and protection of the community.
Orders
Orders of the court
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Background
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Evidence
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Decision
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