INTERIM ORDER PROHIBITING PUBLICATION OF NAME AND IDENTIFYING DETAILS OF DEFENDANT SEE MINUTE OF 1 DECEMBER 2023 IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA ROHE
CRI-2023-296-031
[2024] NZHC 576
THE KING v
M
Hearing: 15 March 2024 Appearances:
S A H Bishop for the Crown
L M Sziranyi for the Defendant
Sentencing notes:
18 March 2024
SENTENCING NOTES OF GRICE J
Introduction
[1] [Redacted], you are aged 16, turning 17 in just a few weeks. On 4 April 2023 you were convicted of the attempted murder1 of [victim] in the Youth Court following a Judge-alone trial in that Court.2 You are now to be sentenced in this Court.
1 Crimes Act 1961, s 173. The maximum sentence is 14 years’ imprisonment.
2 Police v MM [2022] NZYC 209.
R v M [2024] NZHC 576 [18 March 2024]
The offending
[2] Sentencing in this court is a public exercise so I explain the details of the offending that has led up to this and also to the principles and the basis of my final sentencing.
[3] [Redacted], in May of 2022, you had just turned 15. Your relationship of 18 months had ended. The victim also aged 15 at the time, until then had been a friend of yours. He had started up a relationship with your former girlfriend. He had spoken to you about this, however, you were unhappy and you set out to kill him. You made Google searches for information on matters which later featured in your offending.
[4] You told a friend that you wanted to hurt the victim at school the next day and you arrived at school with a knife. Your older brother discovered the knife, and you were sent home from school.
[5] Shortly after you tried to arrange a fight with the victim using a friend’s messaging profile. The victim said he would not enter the fight and you messaged him through your friend’s account saying that you would go to his house with a weapon.
[6] That night you did go to the victim’s address. You took a machete and wore clothing that was apparently intended to disguise your identity. You called out to the victim, who was confronted by you when he was leaving. You swung the machete at the victim several times, causing the following injuries:
(a)A 10 cm cut to his chest that splintered off a five cm shard of rib and injured his left costal artery in two locations and punctured his lung.
(b)A 20 cm cut to his right forearm, exposing and injuring several muscles and tendons in his forearm.
(c)Three minor cuts to his forehead.
[7] The attack ended when the victim’s parents intervened and his father confiscated the machete and you ran.
[8] The victim required emergency surgery to his torso and plastic surgery to his arm.
[9] You were arrested on 16 May 2022 in Palmerston North and charged with wounding with intent to…
Continue reading R v M
Sign in free to access the full text
- AGLC
- R v M [2024] NZHC 576
- Case
- [2024] NZHC 576
- Decision Date
CaseChat Overview and Summary
The High Court determined that M's offending, while serious, warranted a starting point of seven years’ imprisonment, acknowledging the premeditation, severity of injuries, and use of a weapon as aggravating factors but noting that the offending was less severe than the Crown's comparator cases. The Court applied a 30% discount for M's youth and rehabilitative prospects, as well as an eight-month reduction for time spent on electronically monitored bail and in a youth justice residence. Consequently, the Court imposed a sentence of 12 months’ home detention, considering it the most appropriate outcome given M's age, the risk of adverse effects from imprisonment, and the potential for rehabilitation within the community. The Court emphasized the importance of ongoing support and therapy to assist M in addressing his offending-related factors.
The final orders included a sentence of 12 months’ home detention with specific conditions such as non-association with the victim and former girlfriend, and prohibitions on drugs and alcohol. The interim name suppression order remained in effect until the application for final name suppression was heard. This decision reflects the Court's focus on balancing accountability and denunciation with the principles of youth justice and rehabilitation.
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.