IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2020-092-002562
[2021] NZHC 1605
THE QUEEN v
MICHAEL KEITH ROBINSON
Hearing: 1 July 2021 Appearances:
Chris Howard for the Crown
Shane Tait and Peter Choi for the Defendant
Judgment:
1 July 2021
SENTENCING REMARKS OF MOORE J
R v ROBINSON [2021] NZHC 1605 [1 July 2021]
Introduction
[1] Mr Robinson, at the age of 30 you appear for sentence on one charge of murder1 and one charge of wounding with intent to cause grievous bodily harm.2
[2] Both charges arise from an incident which took place in Otara, Auckland on 28 February 2020.
[3] On 23 April 2021, as a result of a request from your lawyer, Mr Tait, I gave you a sentence indication. I indicated that if you entered pleas of guilty to both charges, you could expect to be sentenced to life imprisonment with a minimum period of imprisonment (“MPI”) of 13 years.
[4] I said that the indication would be subject to adjustment in the event that further material was provided to me on the question of your personal circumstances, noting that I could not make any further comment until I had the opportunity to consider any such material if it was presented.
[5] You accepted the indication and on 7 May 2021, you pleaded guilty to both charges and convictions were entered. You were also given a warning under the so- called “three strikes” law. You were remanded to today for sentence.
[6] There will be aspects of what I say this morning which are necessarily repetitive and which you heard when I gave the indication just over two months ago. However, because sentencing is quintessentially a public function which must be undertaken in open Court (unlike the giving of a sentence indication which cannot be published or reported) a good deal of what I say today will be repetitive. That may seem tedious, but it is necessary in the interests of open justice.
[7] The real issue today is whether the indicated 13 year MPI should be adjusted downwards and, if so, by how much.
1 Crimes Act 1961, ss 167 and 172. Maximum penalty life imprisonment.
2 Section 188(1). Maximum penalty 14 years’ imprisonment.
Agreed facts
[8] I turn next to the facts on which you are to be sentenced. The Crown and Mr Tait have agreed on the relevant facts which are contained in a summary. What I am about to record is drawn from that summary.
[9] Your victims are Mr I, who died from the injuries you inflicted, and Joseph Ngamu who was very badly injured. The attack on them both took place at a property on Bairds Road, Otara. This was the Ngamu family home where Mr Ngamu lived with his daughter, Ruthanda, who was Mr I’s partner. Also living at that address were Mr Ngamu’s brother, Bruce Ngamu, Mr Ngamu’s adopted daughter and her partner.
[10] Your co-defendant is Timothy…
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- R v Robinson [2021] NZHC 1605
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- [2021] NZHC 1605
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CaseChat Overview and Summary
The primary legal issues the court had to decide were whether the indicated MPI of 13 years should be adjusted and, if so, by how much. The court considered various legal principles, including the purposes and principles of sentencing and the specific requirements for sentencing murder. The court also examined whether certain aggravating factors were present that would require an MPI of at least 17 years. Ultimately, the court concluded that none of the aggravating factors warranted such a lengthy MPI, and it was necessary to focus on the appropriate MPI based on the four sentencing purposes: accountability, denouncement, deterrence, and community protection.
The court found that the aggravating features of the offence, such as the use of a lethal weapon, premeditation, and the extent of loss and harm, were present to a high degree. However, the mitigating factors, including Robinson's background of social and cultural deprivation, warranted a reduction in the MPI. After considering the pre-sentence report and cultural report, the court determined that a reduction of six months was appropriate, resulting in an MPI of 12-and-a-half years for the murder charge. For the wounding charge, Robinson was sentenced to seven years' imprisonment, to run concurrently with the life sentence.
In summary, Michael Keith Robinson was sentenced to life imprisonment with an MPI of 12-and-a-half years for the murder charge and seven years' imprisonment for the wounding charge, to run concurrently.
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