R v Poole
Case
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[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.
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
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Aggravated Burglary
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Injuring with Intent to Injure
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Attempting to Pervert the Course of Justice
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Reckless Discharge of a Firearm
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Attempted Murder
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Arson
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Burglary
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Citations
R v Poole [2014] NZHC 1126
Most Recent Citation
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Statutory Material Cited
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