R v Kerr

In the High Court of New Zealand, Auckland Registry, the case of R v Kerr involved Jeremy Hamish Kerr, who was sentenced for blackmail. Kerr pleaded guilty to two counts of blackmail, each carrying a maximum penalty of 14 years' imprisonment. The charges stemmed from Kerr sending blackmail letters to the Chief Executive Officers of Fonterra and Federated Farmers, referencing sodium fluoroacetate (1080) and threatening to release contaminated infant formula into the Chinese market unless certain conditions were met. The letters were accompanied by samples of infant formula laced with a fatal dose of 1080.

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.