R v Carlson HC Hamilton CRI 2009-019-9995

[2010] NZHC 2136

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI-2009-019-9995

THE QUEEN

v

ZAKS DARIUS TYRONE CARLSON

Charge:          Murder

Plea:               Guilty

Appearances: R G Douch and L Dunn for Crown

M H McIvor and D J Allan for Prisoner

Sentenced:     6 December 2010

Life imprisonment; minimum term of 10 years

SENTENCING NOTES OF BREWER J

Solicitors:           Almao Douch (Hamilton) for Crown

Counsel:            Michael McIvor (Hamilton) for Prisoner

R V CARLSON HC HAM CRI-2009-019-9995  6 December 2010

[1]      Mr Carlson, it is my task to impose the sentence that the law requires.

[2]      In October 2009 you beat Dossy McLean to death.  You were in a drugged and drunken rage when you did that.  She was your partner.  You and she had been together for six years.

[3]      It is to your credit that on the day of your trial you have decided to take full responsibility for what you did.   You could have maintained a plea of not guilty. That would have put Ms McLean's family and your family through huge stress and added heartbreak.   But a jury might have convicted you of manslaughter.   That would have resulted in a shorter term of imprisonment.  Instead you chose to step up and admit your guilt.   That is a very big step.   It is one which I am sure will influence the Parole Board when it comes time to decide whether or not to release you back into the community.  But that will not be for a long time.

[4]      The  crime  of  murder  means  in  this  case  that  when  you  were  beating Ms McLean you meant to cause her injury that you knew might very well kill her, and even if that is not what you set out to do you nevertheless went ahead and took the risk that she would die at your hands, and that is what happened.

[5]      The law in cases like this cannot by sentencing you make up for what you have done.  The law cannot restore Ms McLean to her family.  Neither can the law take away from your life the value of Ms McLean's life.  That would be impossible. What the law does do is require a sentence of life imprisonment to be imposed on a person guilty of murder.  Life imprisonment means just that.  It is a sentence which will apply to you until the day you die.   For some people a sentence of life imprisonment means that they will actually stay in prison for the rest of their lives. If the Parole Board decides that they would still be a threat to public safety if they were released then they are not released.   But for most people sentenced to life imprisonment for murder a time will come when the Parole Board will decide that they can safely be released, and I am sure that that will be so in your case.  But even then you will be only on parole and if you get into more trouble you will be taken back to prison.

[6]      The law also requires me to specify a minimum term of imprisonment; that is, I must decide how long you must stay in prison before the Parole Board is allowed to look at you for the first time to consider whether you should be released on parole.  The starting point for a minimum term of imprisonment is 10 years.  I have to look at holding you accountable for what you have done and to protect the community from you.

[7]      You have heard the words of Persephone on behalf of Ms McLean's family. You have seen them in the body of the court today and you know that nothing anyone can do can now repair the harm which has been done.

[8]      I have also read your letters to me and to the McLean family.  They speak of your own sorrow for what you did and they show that you have an insight into what caused you to do it.  I accept that you are genuinely remorseful.

[9]      I take notice of your age and the fact that you have no previous convictions.  I

do not see you as a long-term threat to the community.

[10]     Accordingly, you are sentenced to life imprisonment with a minimum term of imprisonment of 10 years.  Stand down.

Brewer J