R v Yad-Elohim

Case [2018] NZHC 2494


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI 2017-004-9879 [2018] NZHC 2494

THE QUEEN

v

GABRIEL YAD-ELOHIM

Hearing: 20 September 2018

Appearances:

K A Lummis for Crown
M E Goodwin & A M M Ives for Defendant

Judgment:

20 September 2018

SENTENCING NOTES OF VAN BOHEMEN J

Solicitors:

Crown Solicitor, Auckland
Counsel:

A M M Ives, Auckland

M Goodwin, Auckland

R v YAD-ELOHIM [2018] NZHC 2494 [20 September 2018]

[1]      Gabriel Yad-Elohim, you appear for sentence having been found guilty of the murder of Michael Mulholland on the evening of 26 September 2017. I acknowledge again  the  presence  of  Mr  Mulholland’s  family  in  Court  today  and  I  thank

Mr Mulholland’s daughter for her victim impact statement which I am taking into account.

[2]      There was never any doubt that you killed Mr Mulholland.  The assault was captured on CCTV footage at the scene.  You went to Mr Mulholland’s apartment building with Ms Uru, with whom you had a slight acquaintance and whom you had approached on the street to buy drugs.  Ms Uru, who was known to Mr Mulholland, persuaded you to hand over $200 and to stay on the landing below Mr Mulholland’s apartment while she bought the drugs for you.   You say Ms Uru had told you

Mr Mulholland  had  gang  associations.    You  remained  on  the  landing  awaiting

Ms Uru’s return.   But she did not return.   She had climbed over the balcony at

Mr Mulholland’s apartment, clambered back to the ground and ran away with your money. As Ms Uru admitted in evidence, that had always been her plan.

[3]      After  a  while,  you  became  suspicious  and  went  up  to  Mr Mulholland’s apartment and knocked on the door.  Mr Mulholland opened the door and you spoke briefly with him.  It appears he denied any knowledge of Ms Uru.  You then grabbed Mr Mulholland, headbutted him twice, dragged him out of the doorway onto the landing, and punched him in the head.  Mr Mulholland fell to the ground beside the wall, apparently already unconscious.   He remained on the floor inert through the attack that followed.

[4]      You attacked Mr Mulholland round the head, hitting him repeatedly with your elbow and fists, before kicking and stomping on his head and body for around four minutes.  At one point, you left the landing and walked down the stairwell before returning and kicking Mr Mulholland about the head, body and legs for a further three minutes.  It is estimated that you inflicted approximately 90 blows on Mr Mulholland in the course of this sustained attack. Mr Mulholland died as a result of the blunt force trauma you inflicted to his head, face and abdomen.   You were arrested on Karangahape Road the following day by police officers who recognised you from the CCTV footage of the attack.

[5]      It is accepted that you suffer from a severe mental disorder, chronic schizophrenia, which may have been exacerbated by your having taken methamphetamine some…

Continue reading R v Yad-Elohim

Sign in free to access the full text

Details
AGLC
R v Yad-Elohim [2018] NZHC 2494
Case
[2018] NZHC 2494
Decision Date

CaseChat Overview and Summary

Gabriel Yad-Elohim was found guilty of the murder of Michael Mulholland. The key issue was whether Yad-Elohim was insane at the time of the attack and should be found not guilty by reason of insanity. The court found Yad-Elohim guilty of murder, concluding that he was not rendered incapable of understanding the nature and quality of his actions or of knowing that his actions were morally wrong. The court then considered the appropriate sentence, noting that murder carries a mandatory sentence of life imprisonment unless it would be manifestly unjust to impose that sentence. The court decided that a sentence of life imprisonment was appropriate and imposed a minimum period of imprisonment of 13 years. The court considered the brutality of the attack and the impact on the victim's family but also took into account Yad-Elohim's severe mental disorder, chronic schizophrenia, which contributed to his actions. The court found that a minimum term of imprisonment of 17 years would be manifestly unjust in Yad-Elohim's case due to his mental illness.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.