R v Simpson - [2024] NZHC 623
Date of Judgment
21 March 2024
Decision
Summary
Sentence for murder and unlawful possession of a firearm. Offending involved single shot fired from a car after verbal exchange between the victim and offender. The victim was turning away from the car at the time, shooting took place in the afternoon when children were leaving the nearby school. Offender was 21 years old at the time of the offending with background of social deprivation and gang affiliation. Key issue to be decided was whether offender should serve sentence of life imprisonment or a fixed term of imprisonment.
HELD: Life imprisonment with MPI of 10 years. Life sentence would not be manifestly unjust. Difference between MPI for determinate sentence and indeterminate sentence was not grossly disparate having regard to the seriousness of the offending and trauma. Youth and a combination of other factors can make life imprisonment manifestly unjust but in this case a sentence of life imprisonment is not unjust because of the use of a firearm in a residential location close to a school and at a time when children are likely to be present.
HELD: Life imprisonment with MPI of 10 years. Life sentence would not be manifestly unjust. Difference between MPI for determinate sentence and indeterminate sentence was not grossly disparate having regard to the seriousness of the offending and trauma. Youth and a combination of other factors can make life imprisonment manifestly unjust but in this case a sentence of life imprisonment is not unjust because of the use of a firearm in a residential location close to a school and at a time when children are likely to be present.