IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2018-063-004251
[2019] NZHC 2214
THE QUEEN v
MICHAEL EDWARD DOUTHETT
Hearing: 29 August 2019 Appearances:
A Gordon and G Banuelos for the Crown M Simpkins for the Defendant
Sentence:
29 August 2019
SENTENCING NOTES OF HINTON J
Solicitors:
Gordon Pilditch, Rotorua Lance Lawson, Rotorua
R v DOUTHETT [2019] NZHC 2214 [29 August 2019]
[1] Mr Douthett, you have pleaded guilty to one charge of murder1 and one charge of dangerous driving.2
[2] The events are tragic – you murdered your wife, Patricia Wallis, on 26 November 2018 and then set out, but failed, to kill yourself. As well as wiping out your wife’s life, you have inflicted immeasurable pain on your family and wider community. Your close friends and your family, including your four children, are all still very supportive of you. Trish’s sisters and close friends, quite understandably, are not.
[3] I wish to acknowledge, as counsel have, the presence in Court today of so many family members and friends, and to extend the Court’s greatest sympathy to you all. This is a very, very difficult time. It is a horrible thing that has happened.
Facts
[4] You and Trish were married for 20 years. In early 2018, you separated, and Trish moved out of the family farmhouse in Ngakuru. She was a passionate farmer and horse-rider, and returned to the farm three to four times a week to work with Jenny Edwards, running the farm. Before her death, you were in the process of dividing the relationship property. There was a tension around what was to happen to the farm.
[5] At 6.00 am on 26 November 2018, you were sitting at the dining-room table at home with a cup of coffee. Trish arrived at the house, put her gumboots on, and headed down to the milking shed to work.
[6] At around 6.30 am, your then-17-year-old son, Mark, left the house. After he left, you had a shower, got dressed, and took out a .22 bolt action rifle from the wardrobe. You loaded it with ammunition from a tin on the dresser and hid the rifle beneath the blankets on the bed.
1 Crimes Act 1961, s 167(a).
2 Land Transport Act 1998, s 35(1)(b).
[7] You returned to the kitchen and made another cup of coffee. Trish returned from the milking shed and went into the office. You then got up from the table, retrieved the gun from the bedroom, and walked down the hallway to the office.
[8] Trish was sitting in the office. You aimed and fired two shots from the rifle at her head.
[9] You then dropped the gun in the hallway and immediately called the Police, telling them: “I have murdered my wife, I shot her”. You then abandoned the call, left the house, got into your car and drove towards Rotorua.
[10] On this drive, you attempted suicide twice. On State Highway…
Continue reading R v Douthett
Sign in free to access the full text
- AGLC
- R v Douthett [2019] NZHC 2214
- Case
- [2019] NZHC 2214
- Decision Date
CaseChat Overview and Summary
The central legal issue was the extent to which Douthett's mental illness should influence the sentencing. Douthett's defence argued that his severe mental illness significantly reduced his moral culpability, suggesting a reduction in the minimum period of imprisonment. In contrast, the Crown argued that while mental illness should be considered, it should not absolve Douthett of his responsibility for the murder. The court had to weigh these arguments against the principles of sentencing, particularly the need to hold Douthett accountable and to denounce the conduct.
The court concluded that Douthett's mental illness, while significant, did not negate his responsibility for the murder. It was acknowledged that his mental illness was a causative factor in the offending but did not excuse his actions. The court decided that the starting point for the minimum period of imprisonment should be 10 years. After considering all mitigating and aggravating factors, the court determined that a final minimum period of imprisonment of 10 years was appropriate. Douthett was sentenced to life imprisonment with a 10-year minimum period of imprisonment for the murder, disqualified from driving for six months for the dangerous driving charge, and ordered to pay reparation for damage to the logging truck.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.