R v Lambert

Case [2022] NZHC 924


ORDER PROHIBITING PUBLICATION OF EVIDENCE AND SUBMISSIONS CONTAINED IN THIS JUDGMENT IN RELATION TO ANY OF THE VICTIMS’ MENTAL HEALTH, PSYCHOLOGICAL DIAGNOSES AND CONSEQUENCES OF THE OFFENDING PURSUANT TO S 205 CRIMINAL PROCEDURE ACT 2011. PUBLICATION OR DISSEMINATION IN THE

PUBLIC DOMAIN OF THE CCTV FOOTAGE OF THE OFFENDING IS ALSO PROHIBITED. SEE

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CRI-2021-012-821

[2022] NZHC 924

THE QUEEN

v

LUKE JAMES LAMBERT

Hearing: 3 May 2021

Appearances:

R D Smith and M Brosnan for Crown J A Westgate for Defendant

Judgment:

3 May 2022


SENTENCING REMARKS OF EATON J


R v LAMBERT [2022] NZHC 924 [3 May 2022]

[1]                 Firstly, I acknowledge the presence today of the victims of this offending, their support network, family, friends, any representatives of Countdown, management or employees, and any of the first responders who were involved in dealing with this offending.

[2]Mr Lambert you may be seated.

Introduction

[3]                 Mr Lambert, I am now going to impose sentence on you following your pleas of guilty and convictions in December last year on the four charges of attempted murder.

Strike warning

[4]                 Before I impose the sentence for your offending, I must give you what is called a strike warning. No doubt Mr Westgate has explained this to you. The warning is in these terms.

[5]                 Given your convictions for attempted murder, you are now subject to the three strikes law. I must give you a warning of the consequences of another serious violence conviction. You will also be given a written notice which contains a list of these “serious violent offences”.

(a)If you are convicted of any one or more serious violent offence other than murder committed after this warning and if a Judge imposes a sentence of imprisonment, then you will serve that sentence without parole or early release.

(b)If you are convicted of murder committed after this warning, then you must be sentenced to life imprisonment without parole unless it would be manifestly unjust to do so. In that event the Judge must sentence you to a minimum term of imprisonment.

[6]That is the strike warning.

[7]                 I am now going to deal with the facts of your offending. The facts are only too well known to your victims, to their families and to their work colleagues. They will be well known to you. But sentencing is a judicial function. It is required to be undertaken in a public court and transparency in cases of this nature is fundamental and so it is necessary for me to set out, in this Court, the factual basis upon which I fix the sentence that I am going to impose.

[8]                 I do just say to any of the victims or their families, if they prefer not to hear me detail the facts and the injuries that they suffered then they should not feel obliged to stay in the Court while I read that detail. If anybody…

Continue reading R v Lambert

Sign in free to access the full text

Details
AGLC
R v Lambert [2022] NZHC 924
Case
[2022] NZHC 924
Decision Date

CaseChat Overview and Summary

The defendant, Luke James Lambert, was convicted on four counts of attempted murder and sentenced by the High Court of New Zealand in Dunedin. Lambert attacked four people with knives in a supermarket in Dunedin, New Zealand. The court heard victim impact statements that described the lasting physical and psychological trauma the victims suffered as a result of the attack. Lambert had limited mental health history and a limited criminal history, but had exhibited delusional thinking and violent fantasies in the lead up to the attack. The court determined that Lambert was not legally insane at the time of the attack. The court considered the totality principle, the aggravating factors of the crime, and mitigating factors including Lambert's mental health issues. The court sentenced Lambert to 13 years in prison for each count of attempted murder, to be served concurrently. The court also imposed a minimum non-parole period of 6.5 years and prohibited the publication of certain details of the attack.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.