R v Wihongi

The Court of Appeal was asked to consider the appeal of the Crown against the sentence imposed on Ms Jacqueline Wihongi for the murder of her partner. Ms Wihongi was sentenced to eight years imprisonment by Wild J. The Crown argued that the sentence was manifestly inadequate and that a sentence of imprisonment for life was appropriate. The Court of Appeal allowed the appeal, quashed the original sentence and substituted a sentence of 12 years imprisonment. The Court found that Ms Wihongi's history of abuse, intellectual deficits, and alcohol abuse were relevant factors which justified the departure from the presumption of a life sentence for murder. The Court found that Ms Wihongi would need to avoid alcohol and drugs and not associate with gangs after her release. The Court concluded that a longer finite sentence would better meet the sentencing principles of community protection, denunciation, and deterrence. The Court found that a minimum period of imprisonment greater than the default period of one third could be imposed in a case where the presumption under s 102 of the Sentencing Act had been displaced, but found that there was no proper basis for doing so in this case.