R v Davies

Case

[2017] NZHC 729

12 April 2017


Details
AGLC Case Decision Date
R v Davies [2017] NZHC 729 [2017] NZHC 729 12 April 2017

CaseChat Overview and Summary

The case of R v Davies involves the sentencing of Michael Joseph Davies, also known as Michael Joseph Waipouri, who was convicted of the kidnapping and subsequent murder of Lance Murphy. The High Court of New Zealand presided over the sentencing, with Justice Hinton delivering the judgment. The court acknowledged the impact of the crime on the victims' family and friends and outlined the statutory principles that governed the sentencing process. The court considered the brutal and callous nature of the crime, the defendant's criminal history, and the lack of remorse displayed by the defendant. The sentencing principles included holding the defendant accountable, denunciation of the conduct, deterrence, and protection of the community. The court found that the murder was committed after calculated and lengthy planning, in the course of other serious offending, namely kidnapping, and involved a high level of brutality and callousness. The court also found that the defendant's actions involved a high level of brutality and callousness, and that the murder was committed in the course of other serious offending, namely the kidnapping. The court determined a minimum term of 19 years' imprisonment for the murder charge, with an uplift of one year for the defendant's previous convictions, and an eight-year concurrent sentence for the kidnapping charge. 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.

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.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Mens Rea & Intention

  • Aggravated & Exemplary Damages

  • Sentencing

  • Brutality

  • Callousness

  • Kidnapping

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Most Recent Citation
R v Rameka [2023] NZHC 2420

Cases Citing This Decision

12

Marong v R [2020] NZCA 179
R v Rameka [2023] NZHC 2420
Cases Cited

5

Statutory Material Cited

0

R v Bracken [2012] NZHC 3158
Bracken v R [2016] NZCA 79