R v Price

Case

[2018] NZHC 811

26 April 2018


Details
AGLC Case Decision Date
R v Price [2018] NZHC 811 [2018] NZHC 811 26 April 2018

CaseChat Overview and Summary

The defendant, Martin Grant Price, was convicted of murdering Mr Morton and was sentenced by the High Court of New Zealand. The Crown argued for a minimum period of imprisonment (MPI) of 17 years, while the defence submitted that the MPI should be between 11.5 and 13 years. The court had to determine the appropriate MPI for the murder conviction, taking into account the circumstances of the offence, the offender, and the victim. The court also had to consider whether the murder involved unlawful entry into a dwelling place and a high level of brutality, which would require a minimum sentence of 17 years.

The court rejected the defendant's explanation of the events leading up to the murder and found that the murder involved unlawful entry into a dwelling place and was committed with a high level of brutality. The court found that the defendant had taken a knife with him to the scene, which was not necessary for self-defense, and had inflicted multiple stab wounds and blunt force trauma on the victim. The court also found that the defendant had left the victim with life-threatening injuries and had made no attempt to seek help. The court concluded that the murder was committed with a high level of brutality and that the defendant's previous convictions for violence were an aggravating factor.

The court sentenced the defendant to life imprisonment with a minimum period of imprisonment of 17 years. The court found that the defendant's age and limited sense of remorse did not warrant a reduction in the MPI. The court also warned the defendant about the consequences of another serious violence conviction under the three strikes law.

The defendant was sentenced to life imprisonment and a minimum period of imprisonment of 17 years. The court ordered that the defendant be given a written first strike warning, which would inform him of the consequences of another serious violence conviction.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Murder

  • Sentencing

  • Breach of Peace

  • Self-Defence

  • Brutality

  • Victim Impact

  • First Strike Warning

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Most Recent Citation
Price v R [2021] NZCA 568

Cases Citing This Decision

6

Price v R [2021] NZCA 568
R v Simeon [2020] NZHC 1421
R v Bush [2018] NZHC 1217
Cases Cited

3

Statutory Material Cited

0

Pahau v R [2011] NZCA 147
R v Christison [2013] NZHC 2813
R v Churchis [2014] NZHC 2257