R v Johnston

In the High Court of New Zealand, the defendant Warren Bruce Johnston was sentenced for the murder of his wife, Lesley Ann Johnston, who he killed at their family home in Roxburgh. The defendant, aged 67, pleaded guilty to the murder, which occurred on 11 March 2011, just two days short of a year after the victim had told him she was leaving him. The court had to determine whether a sentence of life imprisonment would be manifestly unjust, given the defendant's age, health conditions, and the circumstances of the offence. The defendant's counsel argued that a life sentence would be manifestly unjust, given the defendant's untreated depression and cancer diagnosis at the time of the murder, as well as his current health circumstances. The Crown, however, argued that the circumstances of the killing did not warrant a departure from the presumption of life imprisonment for murder.

The court considered the defendant's age, health conditions, and the circumstances of the offence, including his premeditation and the callous disregard he showed for his wife by shooting her twice in the back as she ran away. The court accepted that the defendant was suffering from the ongoing impact of his daughter's death, as well as the stress caused by his wife's decision to leave him, his cancer diagnosis, and the prospect of facing cancer on his own. However, the court found that these factors, when taken either alone or in combination, did not mean that the imposition of a sentence of life imprisonment would be manifestly unjust. The court sentenced the defendant to life imprisonment with a minimum term of 10 years before being eligible to apply for parole.