IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CRI-2015-029-310 [2016] NZHC 1687
THE QUEEN
v
PAUL EDWARD HARRIS
Hearing: 22 July 2016 Counsel:
BM OʼConnor for Crown
AB Fairley and AM Harvey for defendantSentenced:
22 July 2016
SENTENCING NOTES OF FAIRE J
Solicitors: Crown Solicitor, Whangarei
Thomason Wilson, Whangarei
R v Harris [2016] NZHC 1687 [22 July 2016]
Contents
Background ............................................................................................................[1] Facts .......................................................................................................................[4] Purposes and Principles of Sentencing ................................................................[13] Victim impact statements .....................................................................................[15] Sentencing Approach ...........................................................................................[19]
Crown submissions [20]
Defendant’s submissions [23] Personal circumstances ........................................................................................[25]
Sentencing ..................................................................................................................
Case law [28] Adjusting the starting point [40] Minimum period of imprisonment [43]
Orders ...................................................................................................................[44]
Background
[1] Paul Edward Harris, you appear for sentence today having pleaded guilty to manslaughter,1 for which the maximum sentence is life imprisonment.2
[2] The victim was Mr Joseph Rowland Keogh. You were originally charged with his murder, however, complications arose during trial and the Crown accepted a guilty plea to the charge of manslaughter.
[3] I am going to shortly summarise the facts, then I will explain the factors I
must consider when I sentence you, and then I will pass sentence.
Facts
[4] I set out the agreed facts on which you pleaded guilty.
1 Crimes Act 1961, s 171.
2 Crimes Act 1961, s 177.
[5] You live on a farm about 10 minutes drive from Kaitaia. Mr Keogh lived on a nearby farm house with his partner and his four children.
[6] On Saturday 11 April 2015, two of Mr Keogh’s sisters came to stay at Mr Keogh’s family home. At that time they were aged 11 and 13. To entertain the children, Mr Keogh offered to take them possum shooting and they left the house in a four wheel drive vehicle when it got dark. Also with Mr Keogh and his sisters were two of Mr Keogh’s children aged 10 and three.
[7] They took an air rifle belonging to one of Mr Keogh’s sisters and a spotlight. They travelled around nearby roads, spotting, shooting and plucking possums for fur. At about 10 pm they were at the intersection of Fisher-Riley and Fairburn Roads when you approached the vehicle on a farm quad bike.
[8] You and Mr Keogh exchanged comments. You walked around to the front of the vehicle and then returned to the driver’s door of the vehicle. You and Mr Keogh then started arguing, you were saying that you would call the police. Mr Keogh told you that it was only an air rifle that they were using and that he did not need a licence for it. Mr Keogh lifted the air rifle from where it was. There was a struggle during which the air rifle was pointed at you and punches were exchanged.
[9] During the struggle, you managed to pull Mr Keogh part way out the driver’s door window. You then reached and took a knife from your quad bike and stabbed Mr Keogh in the chest. Mr Keogh then got out of the vehicle,…
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- AGLC
- R v Harris [2016] NZHC 1687
- Case
- [2016] NZHC 1687
- Decision Date
CaseChat Overview and Summary
The reasoning process began by establishing the severity of the manslaughter charge, the use of a weapon, and the impact on the victim's family. The court evaluated the mitigating arguments of self-defence and provocation but found that Harris's actions were not justified as excessive self-defence. The comparison with other cases helped to adjust the starting point downwards, considering the specific circumstances of the offence. Ultimately, the sentence was designed to denounce the conduct, protect the community, and provide a just outcome for the victim's family while considering Harris's personal circumstances and the mitigating factors presented.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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