SUPPRESSION ORDERS IN RESPECT OF PERSONS NAMED IN SENTENCING REMARKS IN PARA [1]
IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2016-009-004274 [2017] NZHC 2691
THE QUEEN
v
PETER JOHN CARROLL
Appearances: B Hawes and C J Boshier for the Crown
T W Fournier and S G Bailey for the Defendant
Sentencing:
2 November 2017
SENTENCING REMARKS OF NICHOLAS DAVIDSON J
[JUDGE HAS DISCUSSION WITH COUNSEL REGARDING SUPPRESSION]
[1] Before we bring Mr Carroll in, I just want to remind the media that there have been suppression orders made in this case, and there are two further orders to be made, the names of these people will be mentioned in the course of the submissions and the sentencing. The suppression orders apply to the evidence of [XXXX]. So those names are suppressed from any form of publication.
[MR CARROLL IS BROUGHT BEFORE THE COURT]
A. INTRODUCTION
[1] You may be seated Mr Carroll.
R v CARROLL [2017] NZHC 2691 [2 November 2017]
[2] Proceed with the Victim Impact Statements.
[VICTIM IMPACT STATEMENTS ARE READ IN COURT]
[3] Mr Carroll you may be seated until sentence is pronounced. [4] You appear for sentence for the murder of Marcus Tucker.
Mr Tucker’s family
[5] I first acknowledge Mr Tucker’s family in court this morning. Your grief and the profound effect on your lives will be reflected in the sentencing. I express the sympathy of the court and of the community to you.
[6] Your statements made to the Court need little elaboration, but they are relevant to the sentencing process. These few points stand out to me amongst many made this morning, to reflect the grief and impact on your lives.
[7] Mr Tucker had taken a path which caused you, his family, distress. But you loved him. I have listened to them Mr Carroll, and hope that you have too, to understand the profound consequences of what you regard as coming with the world in which you lived, a world of drug use, dealing, and violence, which has extended
by your actions to devastate the lives of Mr Tucker and his family and friends.
[8] He was the father to three children, the oldest 18 when he died. [XXX’s] mother has had her family and work life turned upside down and [XXX] has been stopped in his tracks, and his education, and [XXX] properly puts it for the families of all who suffer a murder of one of their members when she says “How do you deal with the issue of a family member being murdered and all that surrounds that?”. So many of her and other thoughts of the family have been focused around “Marcus and his horrific death”. There are no illusions held within the family about Marcus’ (Mr Tucker’s) lifestyle and his associations. [XXX] left him to provide a better future for her and her son. But the family expected Mr Tucker would pull himself together at some stage, because he was a man who, in his…
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- AGLC
- R v Carroll [2017] NZHC 2691
- Case
- [2017] NZHC 2691
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