ORDER SUPPRESSING SECTIONS OF PARAGRAPHS [8], [9], [11] AND [25] OF THE SENTENCE BY ORDER OF THE COURT
IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2017-019-3479 [2017] NZHC 2882
THE QUEEN
v
TIFFANI JADE SUTCLIFFE
Hearing: 23 November 2017 Counsel:
R Douch for Crown
K Burroughs for PrisonerJudgment:
23 November 2017
[REDACTED] SENTENCING NOTES OF WHATA J
Solicitors: Crown Solicitor, Hamilton
R v SUTCLIFFE [2017] NZHC 2882 [23 November 2017]
[1] Ms Sutcliffe, you have pleaded guilty to a single charge of manslaughter.1 The maximum penalty is life imprisonment.2
[2] Before I go further I wish to acknowledge Mr Williamson’s family. You have suffered a terrible loss, for which you have my deepest sympathy. I also commend you for the strength that you have shown in speaking today.
[3] Regrettably, I must retell the facts of Mr Williamson’s death, which no doubt will cause you still more pain. But it is required for sentencing purposes.
Summary of facts
[4] Ms Sutcliffe, you pleaded guilty to the following summary of facts.
[5] On Tuesday, 30 May 2017, you were at your address, together with your then girlfriend. You were both drinking, enough to become intoxicated. Mr Williamson returned home from work and began to drink with you. You were later joined by another male, Anthony Clegg. He arranged to take possession of a firearm while there. Upon obtaining the firearm he placed it on the kitchen table.
[6] Subsequently, members of your group consumed GHB, a Class B controlled drug. At some stage, you, your girlfriend and Mr Clegg went into a bedroom with the intention of engaging in group sex. Mr Williamson came into the bedroom holding the firearm. He presented the firearm to you, at which point you took it from him and pointed it at him. You asked if it was loaded and almost immediately pulled the trigger. He immediately responded to you to say that, of course, it was loaded. At this stage, you were about two metres apart. The pellets struck Mr Williamson on the right side of his rib cage, beneath his armpit. He sustained unsurvivable injuries and died shortly after.
[7] You attempted to conceal the firearm by wrapping it in a towel and concealing it under a bush in the driveway, before moving Mr Williamson’s body from the
bedroom to the front step of the address and calling 111 for assistance. You were
1 Crimes Act 1961, ss 171 and 160(2)(a).
2 Section 177.
arrested and formally interviewed on three occasions. You provided false information as to what occurred at the first interview and at the second interview. At the third interview, you stated Mr Williamson had pointed the firearm at your head, and you had taken it off him because it was your turn to play with the gun. You said you did not know it was loaded when you pointed it at him, and did not believe Mr Williamson thought…
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- R v Sutcliffe [2017] NZHC 2882
- Case
- [2017] NZHC 2882
- Decision Date
CaseChat Overview and Summary
The legal issues in the case centred on the principles of sentencing and the appropriate punishment for the defendant's actions. The court assessed the aggravating and mitigating factors of the case, ultimately finding that the defendant's actions were spontaneous and influenced by alcohol and drug use. The court considered sentences handed down for similar offending and determined a starting point of four years and six months' imprisonment. The court also applied a discount for the defendant's guilty plea, resulting in a final sentence of three years and one month's imprisonment. The court found that the requirements for a minimum sentence were not met in this case.
The court's reasoning in this case highlights the importance of considering the unique circumstances of each case when determining an appropriate sentence. The court balanced the aggravating and mitigating factors to arrive at a sentence that reflected the defendant's culpability and the need for rehabilitation. The final orders of the court included a sentence of three years and one month's imprisonment for the defendant, with the first strike warning already given.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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