IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-092-013800 [2017] NZHC 729
THE QUEEN
v
MICHAEL JOSEPH DAVIES (AKA) MICHAEL JOSEPH WAIPOURI
Hearing: 12 April 2017 Appearances:
G Kayes for the Crown
J Munro and D Niven for the DefendantSentence:
12 April 2017
SENTENCING NOTES OF HINTON J
Counsel/Solicitors:
Kayes Fletcher Walker Ltd, Auckland
John Munro, Barrister, Auckland
David Niven, Barrister, Auckland
R v MICHAEL JOSEPH DAVIES (AKA) MICHAEL JOSEPH WAIPOURI [2017] NZHC 729 [12 April 2017]
[1] Mr Waipouri, you may remain seated until I ask you to stand.
[2] You have been found guilty of kidnapping Lance Murphy and then murdering him. You now appear for sentence.
[3] In respect of the murder conviction, the penalty for murder is life imprisonment, unless it is considered manifestly unjust.
[4] In respect of the count of kidnapping, the maximum penalty is 14 years’
imprisonment.
[5] Before I begin with the formal sentencing process, I would like to acknowledge the presence of the members of Mr Murphy’s family and his friends who are here today. You have lost a dear father, son, brother, friend and relative. There is nothing I can say or do that can change that, but I extend to you the deepest sympathy of the Court.
Facts
[6] I first turn to the facts of this case. I realise it will be difficult for the members of Mr Murphy’s family and his friends to hear the events surrounding Mr Murphy’s death again, but it is unfortunately unavoidable.
[7] Mr Waipouri, you knew Mr Murphy well, and had been his friend for over
30 years. You were the godfather originally of one, and then of two of Mr Murphy’s children. You lived in the same town as Mr Murphy and saw him practically every day.
[8] You were very close to Mr Murphy’s deceased wife. After she died and her mother died, you became convinced that Mr Murphy had killed them both.
[9] In fact the evidence was clear (including medical evidence) that Mr Murphy’s wife died of cancer from which she had suffered for some time and that Mr Murphy had cared for her lovingly and devotedly. It was also clear that Mr Murphy’s mother-in-law was very elderly and had died of serious heart disease. Again, there
was uncontroverted medical evidence to that effect. Again, it was clear that Mr Murphy had helped his mother-in-law as best he could, especially after his wife had died.
[10] It is appropriate to say here that any slur on Mr Murphy’s reputation as a result of your allegations is not justified.
[11] Further, there is no suggestion, even from you, Mr Waipouri that Mr Murphy had ever caused any harm to you, over the lengthy period of your relationship. In fact, he and his wife were described as having always been there for you.
[12] It seems that both you and Mr Murphy were, or had been, involved in drug-taking. One of Mr Murphy’s daughters said that Mr Murphy…
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- R v Davies [2017] NZHC 729
- Case
- [2017] NZHC 729
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CaseChat Overview and Summary
The final orders of the court were that Michael Joseph Davies be sentenced to life imprisonment for the murder of Lance Murphy, with a minimum term of 19 years' imprisonment, and to eight years' imprisonment for the kidnapping charge, to be served concurrently with the murder sentence. The defendant is now subject to the three strikes legislation, which means that any future serious violent offence conviction will result in a sentence of imprisonment without parole or early release.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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