R v Tully

Case

[2016] NZHC 1133

27 May 2016


Details
AGLC Case Decision Date
R v Tully [2016] NZHC 1133 [2016] NZHC 1133 27 May 2016

CaseChat Overview and Summary

In the High Court of New Zealand, Russell John Tully was convicted of the murders of Peggy Noble and Susan Cleveland, the attempted murder of Kim Adams, and two charges relating to unlawful possession of shotguns. The court was required to determine the appropriate sentence for these serious crimes, focusing on the purposes of sentencing, including community protection, accountability, punishment, and denunciation. The court considered the brutal and premeditated nature of the crimes, the lack of remorse shown by the defendant, and the high risk he posed to the community. The court also evaluated the defendant's personal circumstances, including his history of substance abuse and personality traits, but found no mitigating factors that would reduce his culpability. Taking into account the severity of the crimes and the need for deterrence and community protection, the court imposed a sentence of life imprisonment with a minimum term of 27 years, concurrent sentences for the other charges, and a warning under the three strikes legislation.

The court's sentencing remarks highlighted the cold-blooded and targeted nature of the crimes, the vulnerability of the victims, and the significant impact on the community. The court found that the defendant's actions were driven by a deep-seated sense of entitlement and a disregard for the sanctity of human life. The sentence imposed aimed to protect the community, hold the defendant accountable, and denounce the offending. The court's decision aligned with past authorities and ensured consistency in sentencing for similar grave crimes.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Murder

  • Attempted Murder

  • Possession of Firearms

  • Sentencing

  • Community Protection

  • Premeditation

  • Aggravating Factors

  • Mitigating Factors

  • Remorse

  • Dangerousness

  • Three Strikes Legislation

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Cases Citing This Decision

6

Epiha v The the King [2022] NZCA 508
Tully v The Queen [2020] NZCA 690
R v Epiha [2021] NZHC 3394
Cases Cited

6

Statutory Material Cited

0

Robertson v R [2016] NZCA 99
Malik v R [2015] NZCA 597
R v McLaughlin [2013] NZHC 2625