R v Ormsby-Turner

Case

[2023] NZHC 406

6 March 2023


Details
AGLC Case Decision Date
R v Ormsby-Turner [2023] NZHC 406 [2023] NZHC 406 6 March 2023

CaseChat Overview and Summary

The case of R v Ormsby-Turner involved the sentencing of Turanganui John Ormsby-Turner for the murder of Rei Marshall. The court was tasked with determining the minimum period of imprisonment (MPI) that Ormsby-Turner must serve. The statutory minimum penalty for murder is life imprisonment, but exceptional circumstances must exist for a departure from this presumption. The court considered various factors, including the gravity of the offence, the need for accountability, deterrence, and community protection, and the mitigating factors presented by the defence. After considering the submissions from both the Crown and the defence, the court determined a starting point for the MPI of 13 years, taking into account the gang-related nature of the crime, the use of a weapon, and the defendant's role as the president of the West Coast chapter of the Mongrel Mob. The court then applied discounts for Ormsby-Turner's guilty plea and personal circumstances, resulting in a final MPI of 10 and a half years' imprisonment. Ormsby-Turner was sentenced to life imprisonment with a minimum period of 10 and a half years' imprisonment for the murder of Rei Marshall.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Mens Rea & Intention

  • Sentencing

  • Guilty Plea

  • Minimum Period of Imprisonment

  • Aggravating Factors

  • Mitigating Factors

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Cases Citing This Decision

8

R v Gu [2023] NZHC 2109
R v Ormsby-Turner [2023] NZHC 1817
Cases Cited

16

Statutory Material Cited

0

R v Kahia [2019] NZHC 1021
Malik v R [2015] NZCA 597
Hessell v R [2010] NZSC 135