R v Samuels

Case

[2019] NZHC 2948

12 November 2019


Details
AGLC Case Decision Date
R v Samuels [2019] NZHC 2948 [2019] NZHC 2948 12 November 2019

CaseChat Overview and Summary

In the High Court of New Zealand, Wellington Registry, the case of R v Samuels (2019) dealt with the sentencing of Falcon Samuels for the murder of Paul Te Hiko, assault with intent to rob, demanding with menaces, and theft. The legal issues included whether a 17-year minimum period of imprisonment (MPI) was manifestly unjust under section 104 of the Sentencing Act 2002 for the murder charge, and determining appropriate sentences for the other charges. The court considered the premeditation and gang-related nature of the murder, the offender's personal circumstances, and the principles of the Sentencing Act. The court determined that a 17-year MPI was not manifestly unjust despite the offender's difficult background, and sentenced Samuels to life imprisonment for the murder, with a 17-year MPI, and concurrent sentences for the other charges.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Murder

  • Assault with Intent to Rob

  • Demanding with Menaces

  • Theft

  • Minimum Period of Imprisonment

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Most Recent Citation
R v Vaitohi [2023] NZHC 2761

Cases Citing This Decision

4

R v Pukepuke [2023] NZHC 3700
R v Vaitohi [2023] NZHC 2761
R v Pukepuke [2023] NZHC 3700
Cases Cited

8

Statutory Material Cited

0

R v Connelly [2008] NZCA 550
R v Taueki [2005] NZCA 174
Pahau v R [2011] NZCA 147