R v McGee

Case

[2014] NZHC 849

29 April 2014


Details
AGLC Case Decision Date
R v McGee [2014] NZHC 849 [2014] NZHC 849 29 April 2014

CaseChat Overview and Summary

The case of R v McGee involved two defendants, Lance Ulrick McGee and Linda May Budd, who were charged with kidnapping. The jury found McGee guilty of two counts of kidnapping and Budd guilty of one count. The maximum penalty for kidnapping in New Zealand is 14 years’ imprisonment. The court heard that McGee and another individual, Martin, had kidnapped a victim from Auckland and transported her to Hamilton. The victim was held in a shed at the rear of McGee's property, where she was tied up and threatened with a knife. McGee and Martin demanded a ransom of $30,000, which was to cover a drug debt and an additional fee for the kidnappers. Budd was found guilty of participating in the kidnapping, although she was not present at the initial abduction. The court was required to decide the appropriate sentences for the defendants, taking into account the purposes and principles of sentencing, relevant case law, and the personal circumstances of the defendants. McGee, who had a history of drug addiction and involvement with the Mongrel Mob, was sentenced to five years’ imprisonment for each count of kidnapping. Budd, who had young children and had experienced the loss of a baby while in custody, was sentenced to two years and six months’ imprisonment. The court took into account the defendants' personal circumstances and the impact of the loss of Budd's baby on her ability to serve a term of imprisonment. The judge also issued a warning to the defendants about the consequences of future serious violent convictions.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Kidnapping

  • Criminal Liability

  • Sentencing

  • Remorse

  • Circumstances

  • Three Strikes Offence

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Most Recent Citation
Nikua v The Queen [2016] NZHC 2202

Cases Citing This Decision

6

Budd v The Queen [2014] NZCA 333
Nikua v The Queen [2016] NZHC 2202
R v Fisiihoi [2014] NZHC 3048
Cases Cited

1

Statutory Material Cited

0

Piper v R [2012] NZCA 104
Piper v R [2012] NZCA 104