IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE
CRI-2021-041-247
[2021] NZHC 2992
THE QUEEN v
CHERYLENE MAY LAWRENCE
Hearing: 5 November 2021 Counsel:
S B Manning for the Crown M J Phelps for Ms Lawrence
Sentencing:
5 November 2021
SENTENCING NOTES OF GWYN J
Solicitors:
Crown Solicitor’s Office, Napier
R v LAWRENCE [2021] NZHC 2992 [5 November 2021]
[1]Cherylene May Lawrence, you appear for sentence on one charge of murder.1
Three strikes
[2] Before I talk about the sentence I am required to tell you that, as you have pleaded guilty to and been convicted of murder, you are now subject to what is called the three strikes law.2 I am obliged to give you a warning of the consequences of another serious violence conviction. You will also be given a written notice outlining these consequences, which lists the “serious violent offences”.
(a)If you are convicted of any serious violent offences, other than murder, in the future 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. That will be served without parole unless it would be manifestly unjust. In that event the Judge must sentence you to a minimum term of imprisonment.
Introduction
[3] In sentencing you today I don’t just pluck a figure out of the air: I have to apply the Sentencing Act 2002 (the Act), which sets out the purposes and principles of sentencing. The purpose of sentencing in your case is to hold you accountable for the harm you have caused through your offending, and to publicly acknowledge that harm; to denounce and deter your conduct; and to assist in your rehabilitation and reintegration into society.3 What that means in practice is that I have to look at the whole situation and do what I can to mark the seriousness of what you have done, but also to acknowledge who you are and your particular circumstances and background.
[4] I will first set out your offending, explain your personal circumstances, and summarise counsel’s submissions. I then consider the appropriate sentence. Before I
1 Crimes Act 1961, s 172; maximum penalty life imprisonment.
2 Sentencing Act 2002, s 86B.
3 Section 7.
do so I want to reassure you that the sentence will not be more than I indicated to you at the sentence indication hearing on 3 September 2021.
[5] Firstly, because sentencing is required to be a public process, I have to talk about the detail of what happened, and I acknowledge that this will be distressing for you, but I need to do that.
The offending
[6] You have pleaded guilty to the murder of your daughter, Chevana Fox, who was 28 years old at the time of her death on 1 February 2021. She suffered from juvenile Huntington’s disease, diagnosed when she was 16 years…
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- AGLC
- R v Lawrence [2021] NZHC 2992
- Case
- [2021] NZHC 2992
- Decision Date
CaseChat Overview and Summary
The court acknowledged the immense burden Lawrence faced in caring for Chevana, as well as the systemic failures in the health system that contributed to her inability to adequately care for her daughter. The court also recognised the emotional distress and diminished wellbeing Lawrence experienced due to the circumstances of her offending. Based on the unique and complex circumstances of the case, the court found that imposing a sentence of life imprisonment would be manifestly unjust, and instead imposed a finite sentence of six years and six months' imprisonment, with no minimum period of imprisonment necessary.
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