IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
CRI-2015-012-2978 [2017] NZHC 232
R
v
ALEXANDER JAMES WILLIAM MERRITT
Hearing: 17 February 2017 Appearances:
R P Bates and R D Smith for the Crown
M A Stevens and A J Logan for the DefendantSentencing:
17 February 2017
SENTENCING NOTES OF NICHOLAS DAVIDSON J
[Mr Merritt you may remain seated until the end of my remarks]
Your appearance today
[1] Alexander Merritt: You appear for sentence for the murder of Ms Karin Ross in the early hours of Wednesday 2 December 2015.
[2] I acknowledge Ms Ross’s family who are here this morning. Your grief and the profound effect on your lives will be reflected in this sentencing. I express the
sympathy of the Court, and of the community to you.
R v MERRITT [2017] NZHC 232 [17 February 2017]
[3] A life sentence of imprisonment for murder must be imposed unless the Court considers that would be manifestly unjust.1 Your counsel, Mrs Stevens with Mr Logan, accept that you must be sentenced to life imprisonment.
[4] I am required by law to determine the minimum period you will spend in prison before you become eligible for release on parole. Your counsel submit that should be the minimum, absolute minimum, of 10 years, and the Crown submits
14½ years.
The facts
[5] Your defence was mounted with considerable skill by Mrs Stevens and Mr Logan, that this was a “who dunnit”, and that the Crown had not proved that you murdered Ms Ross. The jury found otherwise. The evidence was overwhelming.
[6] I must first consider the circumstances in which Ms Ross died, your reasons, and your attitude to her death. You still deny that you murdered Ms Ross.
[7] There is firm professional opinion that you have, or lie on the Autistic Spectrum Disorder range or (“ASD”). There are thorough reports to which I will refer, and they influence the sentence which I will impose. I hope they allow Ms Ross’ family a better understanding of your underlying makeup. Without that her death is simply inexplicable. Your attitude to her is callous and cruel.
[8] Ms Ross was 51 years old, your supervisor with Spotless Cleaning. You were
20 years old. A dislike and conflict developed between you and Ms Ross. The background was the way you parked your car, the way Ms Ross parked, and you thought you were badly treated by her.
[9] When a disciplinary process unfolded, your reaction was extreme. You said you would like to burn her family in front of her and, your words, “that lazy bitch, it would be fine if she died”. These might seem overblown threats, but in their malice
they tragically came to pass.
1 Sentencing Act 2002, s 102(1).
[10] A disciplinary meeting was to be held on 1 December 2015, the day before Ms Ross died, but that did not eventuate. That evening at work your mother told you what was alleged against you. Anyone…
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- R v Merritt [2017] NZHC 232
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- [2017] NZHC 232
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