R v Skeen

Case

[2016] NZHC 1904

16 August 2016


Details
AGLC Case Decision Date
R v Skeen [2016] NZHC 1904 [2016] NZHC 1904 16 August 2016

CaseChat Overview and Summary

Vincent Angeane Skeen was sentenced for the manslaughter of Luke Tipene, which occurred on 31 October 2014. The Crown argued for a starting point in the upper half of Band Two of Taueki, suggesting eight years’ imprisonment, based on the extreme violence and premeditation in Skeen's actions. In contrast, the defence argued for a starting point of seven years, citing comparable cases where the weapon used was a knife. The court determined that seven and a half years was appropriate as a starting point. Considering Skeen's age at the time of the offence and his early offer to plead guilty, the court reduced the sentence by one year and 20 per cent respectively. Consequently, Skeen was sentenced to five years and two months' imprisonment.

The court outlined the purposes of sentencing, emphasizing accountability, community intolerance of such offending, and deterrence. The starting point was set to ensure consistency with other cases of similar offending. The court balanced the severity of the offence with Skeen's age and his early plea offer, resulting in a final sentence of five years and two months' imprisonment. This decision reflects the need to hold Skeen accountable while considering his personal circumstances and the potential long-term impact of a lengthy sentence on a young offender.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Causation

  • Mens Rea & Intention

  • Sentencing

  • Compensatory Damages

  • Breach of Contract

  • Contract Formation

Actions
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Most Recent Citation
R v Chen [2023] NZHC 1947

Cases Citing This Decision

6

Hohua v The the King [2022] NZCA 550
R v Chen [2023] NZHC 1947
R v Martin [2021] NZHC 1012
Cases Cited

8

Statutory Material Cited

0

Waipuka v R [2013] NZCA 661
R v Ariki [2015] NZHC 3240
R v Harris [2016] NZHC 1687