R v Day

The case of R v Day involved the sentencing of Kirkland John Day, who was found guilty of the manslaughter of Carl Joblin. The incident occurred on 4 August 2013, when Day stabbed Joblin multiple times during an altercation at Day's residence in Nelson. The altercation was preceded by a day of drinking and smoking cannabis and was triggered by an unfortunate sequence of events. Day had a panic attack after his electric guitar was broken during the altercation, and he claimed to have no recollection of the stabbing incident. However, psychiatric evidence confirmed that Day had an anxiety disorder and had suffered panic attacks in the past.

The court was required to determine the appropriate sentence for Day's crime, taking into account the seriousness of the offence and Day's personal circumstances. The court acknowledged the victim impact statements of Joblin's family and friends, which attested to the pain and suffering caused by Day's actions. The court also considered Day's offer to plead guilty to manslaughter, his remorse, and his prospects for rehabilitation.

The court found that Day's reduced levels of intention due to the panic attack warranted a starting point of nine years' imprisonment. However, the court also considered Day's offer to plead guilty, his remorse, and his prospects for rehabilitation, and discounted the starting point by two years and six months, respectively. The court decided against setting a minimum period of imprisonment, preferring to leave the decision to the Parole Board.

In conclusion, the court sentenced Day to six and a half years' imprisonment for the manslaughter of Carl Joblin. The court acknowledged Day's limited past history of offending and his potential for rehabilitation, and encouraged him to gain victory over his alcohol addiction. The court also recognised the support of Day's family, which would be important for his rehabilitation.