IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2010-004-16484 [2012] NZHC 40
THE QUEEN
v
MARTIN DENNIS OLLEY
Hearing: 3 February 2012
Counsel: K Glubb for the Crown
I Tucker for the prisoner
Judgment: 3 February 2012
SENTENCE OF WOODHOUSE J
Charge: Murder
Plea: Not guilty
Verdict: Guilty of manslaughter
Sentence: Starting point: 9 years imprisonment
End sentence: 8 years 6 months imprisonment
Minimum period of imprisonment: 4 years 3 months
Solicitors / Counsel:
Mr K Glubb, Meredith Connell, Office of the Crown Solicitor, Auckland
Mr I Tucker, Tucker & Co., Solicitors, Takapuna
Mr I Wotherspoon, Barrister, Auckland
R V OLLEY HC AK CRI-2010-004-16484 3 February 2012
[1] Mr Olley, you may remain seated until I come to impose the formal sentence.
[2] As you will be well aware there needs to be a lengthy sentence of imprisonment for manslaughter of this nature. And my task is to explain the sentence I am going to impose, not just to you but to the family of John Chambers – all of the family – and to the wider community because you offended against all of these people as well, of course, fatally against John Chambers.
[3] You appear for sentence for manslaughter. You were found guilty of manslaughter by a jury following trial on a charge of murder. The maximum sentence for manslaughter is life imprisonment. However – and as I have just discussed with counsel – sentences that are imposed for manslaughter cover a wide range. This is because every case must be determined on its particular facts, and the facts from case to case vary greatly.
The facts
[4] The facts are critical. The charge of murder arose from the death of John Chambers at a boarding house in Mt Eden at about 3:30 am on 11 September 2010. Mr Chambers died from a single knife wound which penetrated his heart. You admitted that you were holding the knife when the fatal injury was inflicted. You gave evidence in your defence and claimed that it was an accident.
[5] You and Mr Chambers were in the kitchen of the boarding house at about
3:15 am, having been out together. A dispute arose. Other occupants of the boarding house, in bedrooms nearby, heard noise from the kitchen. Your evidence, which could not be challenged because there was no-one else in the kitchen at the time other than Mr Chambers, was that the argument arose over demands by him for methamphetamine which he wanted to consume. Both of you had consumed alcohol and cannabis that evening. There is evidence that Mr Chambers had earlier consumed methamphetamine. And I accept there is no evidence that you had consumed methamphetamine.
[6] The noise in the kitchen led to another resident, Peter Tupuola, coming out of his room into the kitchen. He found Mr Chambers seated in a chair with you standing about one to two metres away holding a bottle. You told Mr Tupuola that John Chambers had just pulled a knife…
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- AGLC
- R v Olley [2012] NZHC 40
- Case
- [2012] NZHC 40
- Decision Date
CaseChat Overview and Summary
The defendant, Martin Dennis Olley, was charged with murder but was found guilty of manslaughter by a jury. The court had to consider the nature of the offence, which involved the use of a lethal weapon and extreme violence, as well as the defendant's criminal history and efforts to address his anger issues. The court also considered the victim impact statements and the circumstances surrounding the offence. The defendant's previous convictions for violent offences and his offending while on parole for two serious offences of violence were significant aggravating factors. However, the court also took into account the defendant's remorse, his efforts to address his anger issues, and the fact that he called for an ambulance after the incident. The court determined that the starting point for the sentence should be nine years imprisonment, with an additional year for the defendant's criminal history. The final sentence was eight years and six months imprisonment, with a minimum period of imprisonment of four years and three months.
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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