IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2019-090-3465
[2020] NZHC 3419
THE QUEEN
v
MANCHAO LI
Date of hearing:
18 December 2020
Appearances:
N R Webby for the Crown
SNB Wimsett and A O Graham for Mr Li
Date of sentence:
18 December 2020
SENTENCING NOTES OF JAGOSE J
Counsel/Solicitors:
R M Mansfield Barrister, Auckland SNB Wimsett Barrister, Auckland
Meredith Connell, Crown Solicitor, Auckland
R v LI [2020] NZHC 3419 [18 December 2020]
[1] Mr Li, as you know, on 10 November this year, a jury found you guilty of both Zhimin Yang’s murder,1 and breaching the court’s protection order over her.2
[2] I am now to sentence you for those convictions. In sentencing you, I must accept as proven all facts essential to your established guilt.3 Because I was the trial judge, for sentencing, I also am entitled to make factual findings based on the evidence at trial, if consistent with the jury’s verdict, whether or not adverse to your interests.
I am not bound to accept a version of facts most favourable to you.4
[3] For your murder of Ms Yang, I must sentence you to imprisonment for life, unless the wider circumstances of your offending made that manifestly unjust.5 If sentencing you to life imprisonment, I then must impose a minimum period before you may even be eligible for parole. That must be a period of at least ten years’ imprisonment,6 or at least 17 years if I find Ms Yang’s murder to have been in specified circumstances – the latter period, again, unless manifestly unjust.7 If you are then to be released depends entirely on you satisfying the Parole Board, if released, you do not pose an undue risk to the safety of the community.8 If then released, you would be subject to release conditions for the rest of your life.9
[4] I have listened and read what counsel have had to say, both for you and for the Crown. The Crown recommends you be sentenced to life imprisonment, with a minimum non-parole period of at least 17 years. Your counsel also recommends life imprisonment, but with a minimum non-parole period of 13–14 years. I am not bound by their views; I have to come to my own decision. I must satisfy myself of the appropriate sentence for the gravity – the seriousness – of your offending, including your culpability – your responsibility – for it.
1 Crimes Act 1961, s 167 and 172. Maximum period of imprisonment: for life.
2 Family Violence Act 2018, s 112. Maximum period of imprisonment: 3 years.
[5] I need first to cover off the background to your offending, to let people know the conduct for which I am sentencing you.
[6] At…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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AGLC
R v Li [2020] NZHC 3419
Case
[2020] NZHC 3419
Decision Date
CaseChat Overview and Summary
In R v Li, the High Court of New Zealand sentenced Manchao Li for the murder of Zhimin Yang and breaching a court-ordered protection over her. Li was found guilty by a jury of both charges. The court had to decide the appropriate sentence for Li, considering statutory sentencing principles and purposes, the aggravating and mitigating factors of the case, and Li's personal circumstances. The court sentenced Li to life imprisonment for the murder of Yang, with a minimum non-parole period of 19 years. For the breach of the protection order, the court imposed a concurrent sentence of three years' imprisonment. The court rejected arguments that Li's age and mental health warranted a reduction in the non-parole period. The court's decision reflected the seriousness of the offences and the need for denunciation, deterrence, and protection of the community.