IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI 2011-004-022888 [2013] NZHC 201
THE QUEEN
v
JOEL SIMON RIHARI LOFFLEY
Hearing: 14 February 2013
Counsel: P K Hamlin & N R Webby for Crown
R P Chambers for Accused
Sentence: 14 February 2013
SENTENCE OF KEANE J
Solicitors:
Crown Solicitor, Auckland
Counsel:
R P Chambers, Auckland
R V JOEL SIMON RIHARI LOFFLEY HC AK CRI 2011-004-022888 [14 February 2013]
[1] Joel Loffley, you appear for sentence following your trial for the murder on
14 November 2011 of JJ Ruhe-Lawrence, aged a little over two and a half years, the young son of your then partner Josephine Lawrence in whose Orakei state unit you were then living.
[2] On 14 November 2011 JJ died suddenly and shockingly, as a result of injuries to his liver and pancreas. They were split in two. The medical evidence was that those injuries, especially the splitting of the pancreas, were highly unusual even in young children. They could not have resulted from any usual accident. They called for quite extraordinary force.
[3] The medical evidence was also that those injuries were so severe that they made JJ’s death inevitable and that, within the short time he had to live, their effect on him would have been all too obvious. He would have been completely reduced and in excruciating pain.
[4] The Crown's case against you at your trial was that you caused JJ's death by some deliberately violent act, a punch, a kick or a stomp, involving extraordinary force. The Crown had no eye witness and you denied any such violence. The Crown relied on the cumulative effect of a wider body of evidence.
[5] The Crown's case was that you assaulted JJ in the half hour or so that he was in your care, after his mother, Ms Lawrence, left the house at 9am to arrange an overdraft advance on her benefit. That is why, the Crown contended, when she returned, she found you showering JJ and JJ crying and crouching and apparently sleepy in the shower; and that is why you then, highly unusually at that hour of the morning, put JJ back to bed.
[6] JJ's state when examined by ambulance officers later in the morning, when he was already dead, the Crown contended, was consistent on the medical evidence with JJ having suffered the fatal assault while he was in your care. The Crown relied as well on the pattern of injuries that JJ was found to have suffered in the five months that you and Ms Lawrence had been living together.
[7] In those five months JJ suffered two broken arms, one before he went to Tauranga to be cared for by Ms Lawrence's family there, and one after; and each time he was in your immediate care. He suffered also extensive bruises, up to the date of his death which, on the medical evidence were unusual in number and character and consistent with abuse. The Crown's…
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- AGLC
- R v Loffley [2013] NZHC 201
- Case
- [2013] NZHC 201
- Decision Date
CaseChat Overview and Summary
The legal issues in the case centered on the appropriate sentence for Loffley, given his conviction for murder. The court considered whether life imprisonment was the appropriate sentence, and if so, the minimum term that Loffley must serve before becoming eligible for parole. The court also considered whether aggravating factors, such as the vulnerability of the victim and the brutality of the assault, warranted a higher minimum term. The court found that Loffley's assault on JJ was brutal and callous, and that he had a history of violent behavior towards others. The court also found that JJ was highly vulnerable due to his young age and complete dependence on Loffley.
The court ultimately sentenced Loffley to life imprisonment, with a minimum term of 19 years before becoming eligible for parole. The court found that the aggravating factors in the case warranted a higher minimum term than the standard 17 years. The court also warned Loffley that any further offenses would result in a finite sentence without parole or early release, and that a subsequent murder conviction would result in life imprisonment without parole unless it would be manifestly unjust.
In summary, the court found Loffley guilty of murdering JJ Ruhe-Lawrence, and sentenced him to life imprisonment with a minimum term of 19 years before becoming eligible for parole. The court considered the vulnerability of the victim, the brutality of the assault, and Loffley's history of violent behavior in reaching its decision. The court also warned Loffley of the consequences of any further offenses.
Orders
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Background
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Evidence
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Ratio Decidendi
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