R v Turner

Case [2015] NZHC 189


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2014-004-002949 [2015] NZHC 189

THE QUEEN

v

JUSTIN VANCE TURNER

Hearing: 17 February 2015

Appearances:

B D Tantrum and N J Small for the Crown
L Freyer for the Defendant

Sentencing:

17 February 2015

SENTENCING NOTES OF WOOLFORD J

Counsel/Solicitors:

Crown Solicitor, Auckland

Public Defence Service, Auckland

R v JUSTIN VANCE TURNER [2015] NZHC 189 [17 February 2015]

Introduction

[1]      The offender, Mr Justin Vance Turner, has pleaded guilty to murder.

[2]      This case triggers s 86E of the Sentencing Act 2002 (the Act) because the murder is Mr Turner’s “second strike” offence under the “three strikes” regime, introduced in the Sentencing and Parole Amendment Act 2010.

[3]      In terms of s 86E(2), Mr Turner must be sentenced to life imprisonment without parole, unless it would be manifestly unjust to do so.

[4]      If this Court finds it manifestly unjust to impose life imprisonment without parole, s 86E(4)(b) requires this Court to impose a sentence with a minimum non- parole period of at least ten years in accordance with s 103 of the Act, taking into account s 104 of the Act.

Relevant Facts

[5]      Mr Turner is 29.  He is, and has been, homeless for much of his adult life.  He has not held down a job since he was 19.  He has a history of severe alcohol abuse, of drug-taking (primarily in the form of cannabis) and of mental illnesses.  He has epilepsy, which has for the most part been untreated.  Although he is now prescribed some   anti-psychotic   medication,   he   appears   to   have   taken   this   medication sporadically at best.

[6]      The  murder  of  his  victim,  Mr  Maqbool  Hussain,  occurred  on  Saturday,

22 March 2014.  Mr Hussain was a homeless, 49 year old male who was living in a storage area in Balmoral.  The Police and Asian Safety Patrol team visited the victim at 7.15pm that Saturday, as part of a routine community operation.  Mr Turner was present at that time, and helped put the victim to bed before leaving at the same time as the Police.

[7]      At around 12.30pm on Monday, 24 March 2014, members of Mr Hussain’s

family went to perform a welfare check on Mr Hussain, but found him lying dead.

[8]      Mr Turner was located in Taupo on 1 April 2014, and gave a statement to the Police admitting to committing the murder.   He stated he had developed a rage toward Mr Hussain, because he was urinating in public, being sick in public and sleeping on the footpath.  He had already beaten Mr Hussain once before the Police had arrived on 22 March, intending to steal his money and cigarettes.   He later returned  to  the  place  Mr  Hussain  was  staying,  with  the  intention  of  killing Mr Hussain to obtain his money or to take what he could get from him.

[9]      Mr Turner admits punching Mr Hussain in the face for 20 – 30 minutes.  At one point he tried to stab him with a…

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R v Turner [2015] NZHC 189
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[2015] NZHC 189
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CaseChat Overview and Summary

In the case of R v Turner, the defendant pleaded guilty to the murder of Maqbool Hussain. The case triggered the application of section 86E of the Sentencing Act 2002, which mandates a life sentence without parole for a second strike offence under the three strikes regime, unless it would be manifestly unjust to do so. The Court was required to decide whether a life sentence without parole was manifestly unjust in light of the purposes of the Act and the circumstances of the offence and offender. Woolford J determined that it would be manifestly unjust to impose a life sentence without parole, instead imposing a sentence of life imprisonment with a minimum period of imprisonment of 15 years. The Court considered the severity of the offending, the vulnerability of the victim, and mitigating factors such as the defendant's mental health, guilty plea, and remorse. The Court concluded that while the offending was severe, the defendant was not the worst type of murderer envisaged by Parliament, and the sentence imposed would provide an opportunity for rehabilitation and reintegration into society.

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

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Ratio Decidendi

Legal Principle Established

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