IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2021-019-1782
[2021] NZHC 3555
THE QUEEN v
BAHADUR SINGH
Hearing: 17 December 2021 Appearances:
R L Guthrie and U Keller for Crown C Bean for Defendant
Judgment:
17 December 2021
SENTENCING REMARKS OF LANG J
Solicitors:
Hamilton Legal, Hamilton
R v SINGH [2021] NZHC 3555 [17 December 2021]
[1] Mr Singh, you pleaded guilty to a charge of manslaughter. The maximum sentence for that charge is life imprisonment. You entered a guilty plea after I gave you a sentence indication on 16 November 2021.1 The indicated sentence after taking into account a discount for your guilty plea was one of two years two months imprisonment. The main issue for me to determine today is whether I should apply any further discounts to reflect other mitigating factors that have emerged through the material provided to me at sentencing.
[2] Before I deal with that issue it is important that I set out the factual basis on which you are to be sentenced. This was contained in a summary of facts used for the purpose of the sentence indication hearing. This revealed that you are one of three adult children. You and your siblings lived in relatively close proximity to your parents. The family operates a substantial dairy farming business in the district where they live.
[3] The charge was laid as a result of an incident that occurred on the evening of 16 March 2021. On that date you arrived at your parents’ address in a heavily intoxicated state after consuming a significant amount of whisky during the day. A short time later one of your brothers arrived at the address with an associate to drop food off to your parents. For some unknown reason you immediately became aggressive towards your brother. At that point your father ordered you to leave the address. You refused to do so.
[4] In order to calm the situation down your brother left the room and walked towards the rear of the house. Rather than let him go, you followed him yelling abuse and threats. When the two of you reached the back deck of the address you confronted your brother and aggressively challenged him to a fight. He refused to engage in a fight with you and walked away. You then punched him in the back, causing your brother to fall off the deck onto the paving below. At this point your father called the police. Your brother had also asked the associate who arrived with him to call the police and also to seek help from your other brother, who lived nearby.
[5] The brother whom you had attacked was then able to restrain you on the ground. With the assistance of his associate and your father, your brother tied your hands behind your back with a length of rope to prevent you from fighting against them again.…
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- AGLC
- R v Singh [2021] NZHC 3555
- Case
- [2021] NZHC 3555
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether additional mitigating factors could justify a further reduction in the sentence beyond the discount for the guilty plea. The court found that the mitigating factors presented were either unreliable or insufficient to warrant additional discounts. The court highlighted the seriousness of Singh's actions and their devastating impact on his family, concluding that a sentence of home detention would not adequately meet the principles of deterrence, denunciation, and accountability.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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