IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2019-019-1654
[2021] NZHC 1012
THE QUEEN v
RYDELL TUAUPIKI MARTIN
Hearing: 7 May 2021 Appearances:
R L Mann and A S C Alcock for Crown
P J Morgan QC and M L Jepson for Defendant
Sentence:
7 May 2021
SENTENCING REMARKS OF PETERS J
Solicitors: Hamilton Legal, Crown Solicitor, Hamilton
Counsel:P J Morgan QC, Hamilton M L Jepson, Hamilton
R v MARTIN [2021] NZHC 1012 [7 May 2021]
[1]Tēnā koutou, tēnā koutou, tēnā koutou katoa.
[2] Mr Martin, you are for sentence today for the manslaughter of Phillip MacPherson in Pukemiro on 1 March 2019.1 The maximum sentence for manslaughter is life imprisonment.2
[3] A jury found you not guilty of assault with a weapon, and not guilty of murder, but guilty of manslaughter following a trial in March 2021 at which I presided. That trial was almost two years after Mr MacPherson’s death. The trial is recent so I have a clear recollection of the evidence.
[4] Following the jury’s verdict, I entered a conviction for manslaughter and gave you what we refer to as a “first strike” warning.
[5] Before I go any further, I wish to acknowledge Mr MacPherson’s whānau. The trial, and much of the evidence, must have been very difficult for you. This morning I have heard the statement from Ms Veronica MacPherson and I have also read the victim impact statement of Ms Sonia Wilson. It is clear from those, and indeed from the evidence I heard at trial, that Mr MacPherson was a much loved son, nephew, brother, father, and friend. That he will not be able to see and help his children grow up is a particular tragedy. His loss is permanent, and the burden his children and his whānau suffer as a result is also permanent. The MacPherson family behaved with considerable dignity throughout the trial and that has continued this morning.
Process
[6] In so far as concerns the process to be followed this morning, it is necessary for me first to summarise the facts of the offending. Then I can turn to the sentencing process itself, which comprises two stages. The process does take some time but I need to explain the reasons for what I have decided. Mr Martin, you will not know the sentence until I get to the very end, so please bear with me until then.
1 Crimes Act 1961, s 171.
2 Section 177.
Facts
[7] Turning to the facts, as I have said, the offending occurred at Pukemiro, which you and your uncle, Te Poro Kingi, happened to be in on the day in question. As you were leaving Pukemiro that afternoon, you came across your much younger cousin, Alazay Fisher-Williams.
[8] You and Alazay started partying and drinking on the corner of Joseph and James Streets whilst Te Poro stayed in the car.
[9] Whilst you and Alazay were partying, Mr MacPherson and his friends,…
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- R v Martin [2021] NZHC 1012
- Case
- [2021] NZHC 1012
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CaseChat Overview and Summary
Martin was sentenced to six years' imprisonment for the manslaughter of Phillip MacPherson. The court considered the nature of the offence, the use of a lethal weapon, the vulnerability of the victim, and Martin's background, criminal history, and remorse in arriving at the final sentence. The court found that while Martin's criminal history did not warrant an uplift in sentence, his upbringing and personal factors warranted a discount. The court also took into account Martin's offer to plead guilty a year before the trial, which would have spared the MacPherson family and Martin's family a lengthy trial. The court decided against imposing a minimum period of imprisonment, leaving the date of Martin's release to be determined by the Parole Board.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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