R v Fore

Case

[2020] NZHC 2290

4 September 2020


Details
AGLC Case Decision Date
R v Fore [2020] NZHC 2290 [2020] NZHC 2290 4 September 2020

CaseChat Overview and Summary

The case of R v Fore was heard in the High Court of New Zealand, Whanganui Registry. Three defendants, Kemp Rippon, Dwayne Fore, and Daniel Whareaorere, were sentenced for their involvement in a home invasion resulting in the death of James Butler. The defendants pleaded guilty to manslaughter, and Rippon additionally pleaded guilty to wounding with intent to cause grievous bodily harm. Fore also pleaded guilty to driving offenses while on bail. The court considered the appropriate starting point for the period of imprisonment for the manslaughter charge, which was determined to be eight to nine years for participants in the offending. The court assessed the role of each defendant in the offending and applied relevant discounts and uplifts based on their individual circumstances and criminal history. The court also considered cultural and personal factors that may have contributed to the defendants' offending, applying appropriate discounts for these factors. The final sentences for the defendants were six years and six months for Rippon, four years and ten months for Fore, and four years and ten months for Whareaorere, with the latter's sentence to be served without parole. The court also sentenced the defendants for their other charges, with the sentences to be served concurrently.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Mens Rea & Intention

  • Premeditation

  • Criminal Liability

  • Group Criminal Liability

  • Sentencing

  • Aggravated & Exemplary Damages

  • Limitation Periods

  • Guilty Plea Discount

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Most Recent Citation
French v The King [2023] NZCA 176

Cases Citing This Decision

6

French v The King [2023] NZCA 176
R v Reardon [2022] NZHC 659
R v Hakaraia (aka Box) [2021] NZHC 1733
Cases Cited

5

Statutory Material Cited

0

Murray v R [2013] NZCA 177
Griffin v R [2019] NZCA 422
Pahau v R [2011] NZCA 147