IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-092-11253 [2016] NZHC 512
THE QUEEN
v
JEREMY HAMISH KERR
Hearing: 23 March 2016 Appearances:
C Gordon QC for Crown
J Billington QC and H M Ford for DefendantSentenced:
23 March 2016
SENTENCING NOTES OF VENNING J
Solicitors: Kayes Fletcher Walker, Auckland
Anthony Harper, Auckland
Copy to: J Billington QC, Auckland
R v KERR [2016] NZHC 512 [23 March 2016]
[1] Jeremy Hamish Kerr you are for sentence in this Court having pleaded guilty to two counts of blackmail. The maximum penalty in each case is 14 years’ imprisonment.
[2] On or about 26 November 2014 you sent two blackmail letters, one to the Chief Executive Officer of Fonterra and one to the Chief Executive Officer of Federated Farmers. The letters referenced sodium fluoroacetate (1080) and stated:
Enclosed is a sample of 1080 blended with New Zealand dairy infant formula currently in China
If after the 27th March 2015 this VTA is still in use in New Zealand
Several New Zealand infant and other formula will be released into the retail chain in the Chinese market and one other market with traces of 1080.
The release will coincide with a media package supplied to the Chinese authorities and competitors highlighting the risk to [New Zealand] their environment and others consuming our export products from exposure to
1080, and current NZ Government agency policy and practice with 1080
A concurrent media release in NZ and China will expose the past 30 years of flawed self serving science and bureaucracy that has allowed the Government sanctioned approvals to continue.
Our group has no confidence in the political or democratic process concerning 1080.
It is for you to manage the outcome.
This notice is private and confidential to you and will [remain] as such. If there is no compliance it will form part of the media release.
The magnitude of this issue is now beyond the temporay [sic] financial and personal sacrifice that will be made by the agricultural and tourism sectors of the New Zealand economy.
[3] Enclosed with the letters in each case was a small, self sealing plastic bag containing a sample of infant formula contaminated with 1080. The collective volume of the 1080 if ingested was sufficient to prove fatal to between 13 and 33 infants.
[4] The blackmail threats were reported to the police. Following a preliminary assessment a serious crime investigation was commenced.
[5] The investigation represented a major undertaking for police over a period of
10 months and involved at times 35 investigators and analysts. In addition, additional resources were seconded from other departments from time to time, particularly the Ministry of Primary Industries. Police were involved in assessing approximately 2,600 individuals who had in some way voiced opposition to or expressed strong views concerning the use of 1080 as a pest control agent. The police also investigated persons who had had access to 1080.
[6] The investigation involved in excess of 30,000 investigator and analytical…
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- R v Kerr [2016] NZHC 512
- Case
- [2016] NZHC 512
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included determining the appropriate starting point for sentencing, the relevance of personal mitigating factors, and whether a minimum term of imprisonment was necessary. The court considered the gravity of the offending, the financial and broader impacts on the victims, and the personal circumstances of the offender. It was established that Kerr was under financial pressure at the time of the offence, which was partially motivated by a desire to benefit financially if 1080 was banned.
The court evaluated several comparative cases from New Zealand and the United Kingdom to establish a relevant starting point for sentencing. It noted that while the blackmail threats were serious, there was no evidence that Kerr intended to carry out the threats. The court ultimately determined an adjusted starting point of 11½ years, reduced by one year for personal mitigating factors and a further reduction for Kerr's guilty plea, resulting in a final sentence of eight years and six months' imprisonment. The court declined to impose a minimum term of imprisonment, finding that the principles of denunciation and deterrence were adequately addressed by the sentence.
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
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Ratio Decidendi
Legal Principle Established
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