R v Hulbert and Rielly - [2024] NZHC 1228
Date of Judgment
16 May 2024
Decision
R v Hulbert and Rielly (PDF 181 KB)
Summary
Sentencing notes in respect of two defendants (Quadye Hulbert and Billy Rielly) convicted of murder (Crimes Act 1961, ss 172 and 66) by jury.
Defendants had killed the victim as vengeance for the victim giving evidence against the captain of the local chapter of the Mongrel Mob in an unrelated proceeding.
Held, it would not be manifestly unjust to sentence the defendants to life imprisonment.
Held, a minimum period of imprisonment (MPI) of more than 17 years was necessary because several aggravating factors in s 104 of the Sentencing Act 2002 are present: the murder involved calculated planning, unlawful entry into the victim's home, and the murder was retribution for giving honest evidence in Court.
Held, although both defendants stabbed the victim, Mr Hulbert was more culpable than Mr Rielly because Mr Hulbert was a patched member of the Mongrel Mob and Mr Rielly was his prospect.
The defendants' personal circumstances each justified discounts of one year to the MPI. Mr Hulbert sentenced to life imprisonment with an 18-year MPI.
Mr Rielly sentenced to life imprisonment with a 17-year MPI.
Defendants had killed the victim as vengeance for the victim giving evidence against the captain of the local chapter of the Mongrel Mob in an unrelated proceeding.
Held, it would not be manifestly unjust to sentence the defendants to life imprisonment.
Held, a minimum period of imprisonment (MPI) of more than 17 years was necessary because several aggravating factors in s 104 of the Sentencing Act 2002 are present: the murder involved calculated planning, unlawful entry into the victim's home, and the murder was retribution for giving honest evidence in Court.
Held, although both defendants stabbed the victim, Mr Hulbert was more culpable than Mr Rielly because Mr Hulbert was a patched member of the Mongrel Mob and Mr Rielly was his prospect.
The defendants' personal circumstances each justified discounts of one year to the MPI. Mr Hulbert sentenced to life imprisonment with an 18-year MPI.
Mr Rielly sentenced to life imprisonment with a 17-year MPI.