IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
CRI-2014-070-000202 [2014] NZHC 971
THE QUEEN
v
COLT ARTHUR MURCOTT
Hearing: 8 May 2014 Appearances:
Hayley Sheridan for the Crown
Craig Tuck for the AccusedJudgment:
8 May 2014
SENTENCING NOTES OF MOORE J
Introduction
[1] This is a dreadfully sad and tragic case. It is tragic for everyone connected with it.
[2] It is, of course, particularly tragic for the family of Ricky Pettigrew. He was only 16 when he died in such avoidable circumstances. He had his whole life in front of him and he did not deserve to die in such a violent way in the back seat of the car driven by his stepbrother. Ricky Pettigrew’s death is the greatest tragedy in this whole ghastly business.
[3] But it is also a tragedy that you, Colt Murcott, must every day for the rest of your life, look back at what happened that night in late October last year when, because of your immaturity, because your lack of insight, because of your bravado you took to the wheel of your car when you knew that you should not have; when
you knew there were others in your car who you had a duty to keep safe and to
R v MURCOTT [2014] NZHC 971 [8 May 2014]
protect but instead, you showed off and in doing so, in the space of probably no more than a minute or two, you ended up losing control of your car, slamming it at speed sideways into a tree killing Ricky and injuring your other two passengers sufficiently seriously that they had to go to hospital.
[4] The sentence I will be imposing on you will be finite in the sense it will have an end, at least as far as you and the law is concerned. But I suspect that the real sentence you will face for the rest of your life is that you will have to live in the knowledge that in a moment of stupidity and a moment of immaturity you took the life of Ricky.
[5] My task today is to hand down a sentence. The sentencing process is about applying the law, as Parliament has written it and as other Judges have interpreted it.
[6] Some may feel that the sentence I will impose is too lenient. Others, no doubt, will feel it is too harsh.
[7] But the sentencing process is not about engaging the popularity of any particular quarter in our community. It is about applying the law correctly and dispassionately. It is the law which prescribes what I must do today and having heard the very helpful submissions made by both lawyers it is noteworthy that there is actually a high degree of agreement about the range and limits of the sentencing options in this case. And that has made this difficult task a good deal easier.
[8] Mr Murcott, you have pleaded guilty to:
(a) two charges of driving with excess breath…
Continue reading R v Murcott
Sign in free to access the full text
- AGLC
- R v Murcott [2014] NZHC 971
- Case
- [2014] NZHC 971
- Decision Date
CaseChat Overview and Summary
The legal issues in the case involved determining an appropriate sentence for Murcott, taking into account factors such as the aggravating circumstances of the offence, Murcott's youth, his good character, and his expressions of remorse. The court also needed to consider the impact of Murcott's guilty plea on his sentence.
In delivering the judgment, the court established a starting point of six years and six months' imprisonment, taking into account the aggravating factors such as alcohol consumption, excessive speed, disregard of warnings, and driving in breach of licence conditions. The court also considered the personal factors, such as Murcott's age, good character, and expressions of remorse. After applying a discount for youth, good character, and the guilty plea, the court imposed a final sentence of three years and two months' imprisonment, to be served concurrently with the other charges. Additionally, Murcott was disqualified from driving for three years following his release and ordered to pay a reparation fee of $93.
The court also issued a three strikes warning to Murcott, informing him that if he were to be convicted of any serious violent offences other than murder after this warning, he would serve that sentence without parole or early release. If convicted of murder following this warning, he would be sentenced to life imprisonment without parole, unless it would be manifestly unjust, in which case the judge must sentence him to a minimum term of imprisonment.
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.