R v Turi

Case

[2013] NZHC 2411

13 September 2013


Details
AGLC Case Decision Date
R v Turi [2013] NZHC 2411 [2013] NZHC 2411 13 September 2013

CaseChat Overview and Summary

In the High Court of New Zealand, the case of R v Turi involved the defendant, Harlem Rawiri Turi, who was convicted of the manslaughter of Michael Mulholland. The court had to determine an appropriate sentence for Turi, considering the circumstances of the offence and Turi's criminal history. The key legal issues were to establish the starting point for the sentence by comparing Turi's case with other manslaughter cases, and to evaluate aggravating and mitigating factors relevant to Turi's personal circumstances. The court concluded that Turi's actions, though not intending to cause death, were serious enough to warrant a starting point of seven years and three months' imprisonment, based on comparisons with other manslaughter cases and the application of sentencing bands for grievous bodily harm. Considering Turi's extensive history of violent crimes and lack of rehabilitation, the court imposed a sentence of eight years and three months' imprisonment, with a minimum of four years and three months to be served before parole eligibility, alongside a concurrent sentence for theft.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Breach of Peace

  • Aggravated Assault

  • Causation

  • Mens Rea & Intention

  • Sentencing

  • Aggravating Factors

  • Mitigating Factors

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Cases Citing This Decision

6

Blackler v R [2019] NZCA 232
Turi v R [2014] NZCA 254
Cases Cited

2

Statutory Material Cited

0

R v Ioata [2012] NZHC 3389
R v Stewart [2013] NZHC 126
R v Ioata [2012] NZHC 3389