R v Marinovich

In the High Court of New Zealand, Martin Marinovich was convicted of murdering his mother, Noeleen Marinovich. The court was tasked with determining the minimum term of imprisonment Marinovich would serve before becoming eligible for parole. The Crown argued for a minimum term of 17 years, citing the brutality and callousness of the crime, as well as the vulnerability of the victim. Marinovich's defense, however, argued that a lower minimum term of 14 years was appropriate, considering his Autism Spectrum Disorder (ASD) and lack of prior criminal history.

The court acknowledged that while the murder was indeed brutal and the victim particularly vulnerable, several mitigating factors warranted consideration. Marinovich's ASD, lack of prior criminal history, impulsive nature of the crime, and expressions of remorse were significant mitigating factors. The court found that these factors, combined with Marinovich's young age and limited life experience, made a 17-year minimum term manifestly unjust. The court concluded that a minimum term of 14 years would adequately balance the principles of accountability, denunciation, deterrence, and rehabilitation.

Martin Marinovich was sentenced to life imprisonment with a non-parole period of 14 years. The effective sentence remains life, with the possibility of parole consideration only after 14 years have been served. The court directed that Dr Duff's assessment be provided to Corrections to assist in Marinovich's custodial care.