R v Roberts

Shane Roberts was convicted of the manslaughter of Karlos Stephens, a 10-month-old infant in his care. The case was heard and decided by Katz J in the High Court of New Zealand. The central legal issue was determining an appropriate sentence for manslaughter, considering the aggravating and mitigating factors present in the case.

The court found that Karlos was a defenceless and vulnerable child entirely dependent on Roberts. The degree of violence used against Karlos was significant, as indicated by the severe brain injury that led to his death. The court also highlighted the delay in seeking medical attention and Roberts' efforts to conceal the true circumstances of Karlos's death as aggravating factors. The impact on Karlos's family, who lost a deeply loved child, was considered. The court concluded that a starting point of eight years' imprisonment was appropriate, reflecting the seriousness of the offence.

Considering Roberts' personal circumstances, the court acknowledged his background of systemic poverty, violence, and lack of positive role models. The court accepted that these factors contributed to his offending, warranting a 10% discount on the starting point. The court also recognised the time Roberts had spent on electronically monitored bail prior to trial, resulting in an additional 10-month discount. After adjusting the starting point for these factors, Roberts was sentenced to six years and five months imprisonment for the manslaughter of Karlos Stephens.