IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2021-090-4273
[2023] NZHC 1475
THE KING v
DYLAN HARRIS ADAM MAIAKI NORTH
JASMINE MURRAY
Hearing: 9 and 12 June 2023 Appearances:
B D Tantrum for Crown
D J Dufty and S Kumar (on instructions from R M Mansfield KC) for Defendant Harris
S N B Wimsett for Defendant North
L O Smith and P K Hamlin for Defendant MurraySentence:
12 June 2023
SENTENCE OF PAUL DAVISON J
Solicitors:
Crown Solicitor, Auckland
R v HARRIS & ORS [2023] NZHC 1475 [12 June 2023]
[1] Dylan Harris, Adam North, and Jasmine Murray, you have each been found guilty and convicted of the crime of manslaughter following the fatal shooting of Robert Hart on 5 November 2021. You now appear before the Court this morning for sentence. Although the maximum penalty for the crime of manslaughter is life imprisonment, at the conclusion of this hearing I shall impose a determinate sentence for a fixed period on each of you.
[2] In sentencing you I will commence by briefly summarising your offending. I will then outline the approach I will take to deciding the appropriate sentence to impose for the manslaughter offending and to determining an appropriate starting point for the sentence for each of you which will be informed in each case by the role you played and by my assessment of your respective culpability. In determining the starting point for your sentences I will have regard to the sentences imposed on other defendants convicted of manslaughter so as to ensure that the sentence I impose on each of you is consistent with those imposed on other defendants for comparable offending. I will then explain my reasons for adjusting that starting point having regard to any aggravating factors or mitigating factors that apply to your offending. I will then consider whether there are any mitigating factors relating to your personal backgrounds and circumstances which warrant a discount or reduction from the adjusted starting point I have adopted. That process will lead me to the sentences that I impose.
[3] However, I commence by acknowledging once again the presence of members of Mr Hart’s family, and friends who are here in Court this morning. For those members of his family who were present throughout the trial to listen to the evidence regarding the deception employed by the defendants to lure Mr Hart to a rendezvous for the ostensible purpose of doing a drug deal with a young woman he knew, and then found himself confronted by an armed Mr Harris demanding drugs and intent on robbing him, who then recklessly discharged that weapon with a shot striking him in the head and killing him, listening to all that must have been and obviously was an intensely distressing process for all of you. As the emotional impact statements read by members of Mr Hart’s family last Friday morning clearly showed, Mr Hart’s death has caused them…
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