R v Te Kani

Case

[2018] NZHC 3134

29 November 2018


Details
AGLC Case Decision Date
R v Te Kani [2018] NZHC 3134 [2018] NZHC 3134 29 November 2018

CaseChat Overview and Summary

The case of R v Te Kani involved sentencing for multiple charges including manslaughter, accessory after the fact to murder, manufacturing methamphetamine, and neglect of a child. The court had to determine the appropriate starting points for each charge, taking into account the aggravating and mitigating factors, and then adjust the starting points to reflect the totality of the offending and personal circumstances of the offender. The court also considered the purposes and principles of sentencing, which included holding the offender accountable, denouncing the conduct, and deterring the offender and others from similar conduct. The court imposed concurrent sentences for the manslaughter and accessory charges and cumulative sentences for the manufacturing and neglect charges. After adjusting the starting point for personal factors and considering the totality of the offending, the court arrived at a final sentence of 15 years' imprisonment. The court also dismissed the charges of threatening to kill as the Crown had offered no evidence on those charges.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Breach of Contract

  • Causation

  • Compensatory Damages

  • Criminal Liability

  • Sentencing

  • Mens Rea & Intention

Actions
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Most Recent Citation
Te Kani v R [2020] NZCA 69

Cases Citing This Decision

12

Te Kani v R [2020] NZCA 69
Pulemoana v R [2019] NZCA 293
R v Walker [2019] NZHC 1906
Cases Cited

11

Statutory Material Cited

0

R v Madams [2017] NZHC 81
R v Innes [2016] NZHC 1195
R v Ahsin [2015] NZHC 1884