R v Smith - [2024] NZHC 1289

Sentencing of Motu Smith for murder and other charges; Smith found guilty at trial; Smith committed series of offending including impeding breathing, aggravated robbery, robbery, two charges of unlawfully taking a motor vehicle, providing false details to the police and murder; Smith unlawfully entered victim's apartment with intention of stealing vehicle; victim was a stranger to Smith; Smith began altercation with victim; while victim unconscious, Smith inflicted a stab wound and deep cut on neck of victim; Smith left victim fatally wounded but alive; Court received psychological reports and s 27 cultural report; reports identified potential causative factors including cultural deprivation, economic deprivation, normalisation of violence and alcohol use, normalisation of gang activity, familial dysfunction, absence of adult supervision and early use of drugs and alcohol, childhood sexual abuse, mental health issues and alcohol and methamphetamine addictions.

HELD: s 104(1)(c) and (g) engaged as Smith unlawfully entered victim's dwelling place and victim was particularly vulnerable being much older and smaller than Smith and unconscious when stabbed; 17-year MPI held manifestly unjust due to personal background and mental health; 15 per cent deduction given for these factors; sentenced to life imprisonment with MPI of 14 years six months; sentenced to two years nine months for impeding breathing; sentenced to three years two months for aggravated burglary; sentenced to two years and four months for robbery; sentenced to 12 months for unlawfully taking motor vehicles and convicted and discharged on charge of providing false details to police