ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS,
OCCUPATION OR IDENTIFYING PARTICULARS OF DEFENDANT PURSUANT TO S 200 CRIMINAL PROCEDURE ACT 2011.
IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY
I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE
CRI-2022-254-19
THE KING v
W
Hearing: 13 May 2025 Counsel:
B D Vanderkolk and A M Barham for Crown N M Graham and M J Phelps for Defendant
Sentence:
13 May 2025
SENTENCING NOTES OF ISAC J
[1] [W], I have to sentence you for the manslaughter of [M].1 I can’t do that quickly or simply. I am going to have to talk about things that you may not understand because they’re technical legal things. The reason I have to do that is because what I am saying needs to be understood and read by other people like the lawyers and other judges.
[2] I’m going to begin by explaining what you did — the reason why we’re all here today. That won’t be easy for you to listen to but you should because it’s important. I’m then going to talk about other cases to help me find the right outcome
— the sentence that I need to impose — for you.
1 Crimes Act 1961, ss 171 and 160(2)a).
R v W [2025] NZHC 1162 [13 May 2025]
[3] I also want to acknowledge and welcome [M’s] family here today. Nau mai haere mai. I am grateful for the statements that have been read. They were distressing for me to listen to. But I’ve now got a much better sense of the woman who was your mum, your sister and Nan, and the profound loss that you all now feel. She obviously did a lot for young people — trying to raise them and working as a teacher’s aid. So while my focus today has to be on sentencing [W] for what he has done, I have not lost sight of the special person who isn’t here today and the immense sense of mamae that you all feel. Some of the things I’m going to say may be difficult for you to hear as well. I don’t mean to cause you any upset. That’s the last thing that I would want. But it’s part of my job. And as you heard Ms Graham say, this case is a real tragedy for [M], for you, her whānau, and for [W].
The offending
[4] [W] on the evening of 10 December 2020 you were at home with your whāngai grandmother [M]. During the evening she yelled at you. The neighbours could hear what she was saying from inside their house. Two hours later they could still hear [M] shouting.
[5] At about 9.00pm you and your grandmother went to bed. However, later that night you left your bedroom and using a key from inside the house you unlocked a garden shed in the backyard. You took a five-litre fuel canister full of petrol and brought it back inside.
[6]…
Continue reading THE KING v W
Sign in free to access the full text
- AGLC
- THE KING v W [2025] NZHC 1162
- Case
- [2025] NZHC 1029
- Decision Date
CaseChat Overview and Summary
The court began by setting a starting point of five and a half years' imprisonment, considering the premeditation and extent of harm caused by W's actions. The court then applied various mitigating factors, including W's guilty plea, his young age at the time of the offence, and his prospects for rehabilitation. The court found that W had suffered significant adverse childhood experiences, which impacted his culpability and ability to make good decisions. Given these factors, the court reduced the sentence by a total of 58% to arrive at a notional end sentence of 26 months' imprisonment. However, the court ultimately decided on a sentence of home detention for 12 months, with conditions recommended by Corrections, to allow W to continue his education and engage in rehabilitative programs. The court also granted ongoing name suppression for W, considering the adverse impact that loss of name suppression would have on his ongoing development.
The final orders of the court were that W was sentenced to home detention for 12 months on the conditions recommended by Corrections, with ongoing name suppression in place. The court emphasised the importance of W's continued engagement in education and rehabilitation programs, and directed that his sentence should not interfere with these activities.
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.