R v Savage
Case
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[2014] NZHC 1802
•1 August 2014
Details
AGLC
Case
Decision Date
R v Savage [2014] NZHC 1802
[2014] NZHC 1802
1 August 2014
CaseChat Overview and Summary
In this case, the defendants, Deuce Derrick Evo Rua Savage Terere Kiwaho MacDonald and Derek Maynard Savage, were found guilty of discharging a firearm with intent to cause grievous bodily harm, as well as other related charges. The court was required to determine the appropriate sentences for the defendants, taking into account the nature of the crimes, the context in which they were committed, and any relevant mitigating or aggravating factors. The defendants were also subject to the "three strikes" legislation, which imposes mandatory minimum sentences for certain violent offences.
The court considered the principles outlined in the Sentencing Act 2002, and determined that a starting point of 12½ years imprisonment was appropriate for the charge of discharging a firearm with intent to cause grievous bodily harm. This was due to the premeditated nature of the crime, the involvement of multiple attackers, the use of deadly weapons, and the fact that the crime occurred within a gang context. The court also imposed a minimum term of imprisonment of six years four months on this charge.
For the other charges, the court imposed sentences of two years three months imprisonment on Deuce Savage for the charges of demanding with menaces and aggravated robbery, and 18 months imprisonment on MacDonald for the charge of aggravated robbery. The sentences for Deuce Savage were to run concurrently with each other, but cumulatively with the sentence for discharging a firearm with intent to cause grievous bodily harm. The sentence for MacDonald on the charge of aggravated robbery was to run cumulatively with the sentence for discharging a firearm with intent to cause grievous bodily harm.
In summary, the defendants were sentenced to significant terms of imprisonment, reflecting the seriousness of their crimes and the need to hold them accountable for their actions. The court also imposed minimum terms of imprisonment to ensure that the defendants serve a substantial portion of their sentences before being eligible for parole.
The court considered the principles outlined in the Sentencing Act 2002, and determined that a starting point of 12½ years imprisonment was appropriate for the charge of discharging a firearm with intent to cause grievous bodily harm. This was due to the premeditated nature of the crime, the involvement of multiple attackers, the use of deadly weapons, and the fact that the crime occurred within a gang context. The court also imposed a minimum term of imprisonment of six years four months on this charge.
For the other charges, the court imposed sentences of two years three months imprisonment on Deuce Savage for the charges of demanding with menaces and aggravated robbery, and 18 months imprisonment on MacDonald for the charge of aggravated robbery. The sentences for Deuce Savage were to run concurrently with each other, but cumulatively with the sentence for discharging a firearm with intent to cause grievous bodily harm. The sentence for MacDonald on the charge of aggravated robbery was to run cumulatively with the sentence for discharging a firearm with intent to cause grievous bodily harm.
In summary, the defendants were sentenced to significant terms of imprisonment, reflecting the seriousness of their crimes and the need to hold them accountable for their actions. The court also imposed minimum terms of imprisonment to ensure that the defendants serve a substantial portion of their sentences before being eligible for parole.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Aggravated & Exemplary Damages
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Sentences
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Aggravating Factors
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Mitigating Factors
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Minimum Term of Imprisonment
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Citations
R v Savage [2014] NZHC 1802
Most Recent Citation
R v Jolley [2018] NZHC 93
Cases Citing This Decision
4
Savage v The Queen
[2015] NZCA 550
R v Jolley
[2018] NZHC 93
Savage v The Queen
[2015] NZCA 550
Cases Cited
2
Statutory Material Cited
0
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