R v Poole

Case

[2014] NZHC 1126

22 May 2014


Details
AGLC Case Decision Date
R v Poole [2014] NZHC 1126 [2014] NZHC 1126 22 May 2014

CaseChat Overview and Summary

This case involved the sentencing of three individuals, Mr Poole, Mr Perry, and Mr Murphy, for various criminal offences. The defendants were found guilty following a jury trial of charges including aggravated burglary, injuring with intent to injure, attempted murder, reckless discharge of a firearm, arson, and attempting to pervert the course of justice. The court considered each defendant's personal circumstances and the relevant case law in determining the appropriate sentences. The court found that all three defendants were equally culpable for the aggravated burglary and injuring with intent to injure charges, with the sentences for these charges to be imposed concurrently. The court also determined that the attempted murder, reckless discharge of a firearm, and arson charges should be served cumulatively for Mr Murphy, while Mr Perry's sentences for aggravated burglary, injuring with intent to injure, and arson should be served concurrently, with the reckless discharge of a firearm charge served cumulatively. For Mr Poole, the sentences for aggravated burglary, injuring with intent to injure, and attempting to pervert the course of justice were to be served concurrently, with the latter charge served cumulatively. The court imposed minimum periods of imprisonment for Mr Murphy and Mr Perry, but not for Mr Poole.

The final sentences were as follows: Mr Poole received a total term of nine years' imprisonment for aggravated burglary, injuring with intent to injure, and attempting to pervert the course of justice. Mr Perry received a total term of 11 years and six months' imprisonment for aggravated burglary, injuring with intent to injure, recklessly discharging a firearm, and arson. Mr Murphy received a total term of 17 years' imprisonment for attempted murder, aggravated burglary, injuring with intent to injure, recklessly discharging a firearm, arson, and burglary, with a minimum period of imprisonment of nine years. All sentences were to be served concurrently with any existing sentences.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Aggravated Burglary

  • Injuring with Intent to Injure

  • Attempting to Pervert the Course of Justice

  • Reckless Discharge of a Firearm

  • Attempted Murder

  • Arson

  • Burglary

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Most Recent Citation
R v Heremaia [2025] NZHC 892

Cases Citing This Decision

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Cases Cited

11

Statutory Material Cited

0

Nuku v R [2012] NZCA 584
Millin v The Queen [2013] NZCA 375
Manukau v R [2013] NZCA 217