IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2023-004-006629
[2025] NZHC 800
THE KING v
SERGIO FEDERICO WILLIAMS
Hearing: 8 April 2025 Appearances:
C Paterson and R Thompson for the Crown L Smith for the Defendant
Sentenced:
8 April 2025
SENTENCING NOTES OF ANDERSON J
Solicitors:
Meredith Connell, Auckland
R v WILLIAMS [2025] NZHC 800 [8 April 2025]
Sentence
[1] Mr Williams, you appear for sentence having been found guilty by a jury of the murder of Herbert Bradley on 23 August 2023.1
[2] Before we begin, I want to acknowledge the family of Mr Bradley and their supporters who are here today. I extend the Court’s utmost sympathy to you for losing Mr Bradley in such terrible circumstances.
[3] Mr Williams, when a person is convicted of murder, they are required to be sentenced to life imprisonment unless there are special circumstances which mean that a sentence of life imprisonment would be manifestly unjust.2 Your counsel says this is such a case and that I should instead impose a finite sentence. The Crown says a sentence of life imprisonment is appropriate and that the minimum term of 10 years should be imposed.
Facts of the offending
[4] Before addressing these submissions, I first summarise the facts of your offending as I have found them. You met Mr Bradley in July 2023 in a chance encounter, some weeks prior to his death. At that time Mr Bradley was 70 years old. He was experiencing some cognitive decline and had some underlying health issues. He was living in the Uptown Apartments in Upper Queen Street with Ms Bradley, his adult daughter. Mr Bradley invited you to stay with him in the apartment while your car was getting fixed. Mr Bradley’s daughter went to stay with a friend so that Mr Bradley could have her room while you occupied his room.
[5] At some point, you invited Sophie Rutland to stay at the apartment who you had met on Facebook. The three of you lived together in the apartment for approximately 13 days.
[6] On the night before Mr Bradley’s death you and Ms Rutland had been out at the home of one of your friends. You had an argument about how Ms Rutland had
1 Pursuant to s 167 of the Crimes Act 1961.
2 Crimes Act 1961, s 172 and Sentencing Act 2002, s 10.
been interacting with one of your friends. In your words she was “playing up” and you got pretty angry at her. The argument recommenced the following morning, 23 August 2023.
[7] Mr Bradley was there when you got up. He and Ms Rutland sat on the couch having coffee while you had a shower. You could hear them talking and laughing. You opened the bathroom door and blurted out something. You were tense and wound up. Mr Bradley went and got a knife from the kitchen and held it behind his back. By this time…
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- R v Williams [2025] NZHC 800
- Case
- [2025] NZHC 800
- Decision Date
CaseChat Overview and Summary
The legal issues centered on whether the circumstances of the murder warranted a sentence other than life imprisonment. Williams' counsel argued that the circumstances were unique, citing that Mr. Bradley had brought the knife and attacked with it, suggesting excessive self-defense. The court considered the mitigating factors such as Williams' difficult childhood and substance use disorders but ultimately found that these did not meet the threshold for manifest injustice. The court reasoned that while Mr. Bradley did present the knife, Williams' aggressive behavior and subsequent actions, including his failure to seek help for Mr. Bradley, led to the conclusion that a life sentence was appropriate.
Anderson J, who presided over the case, found that the circumstances did not sufficiently justify a finite sentence despite the mitigating factors presented. The judge considered the vulnerability of Mr. Bradley, the severity of the harm caused, and Williams' criminal history in determining the minimum non-parole period. Ultimately, the court sentenced Williams to life imprisonment with a minimum term of 10 years, acknowledging the need for accountability, deterrence, and denunciation of the crime.
Orders
Orders of the court
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Background
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