R v Te Ahuru - [2024] NZHC 1851
Date of Judgment
10 July 2024
Decision
Summary
Sentencing for murder of defendant's three-month-old baby. Defence and Crown agree s 104 17-year minimum period of imprisonment must apply because of age and vulnerability of deceased.
HELD: Sentence of life imprisonment with MPI of 17-years. Aggravating factors of offending included scale of violence, the extent of loss and harm caused by the offending, effect on the wider whānau, abuse of trust, vulnerability of the victim and delay in seeking help. No mitigating personal circumstances other than remorse and awareness of anger management issues. Even if s 104 did not apply, MPI would be no less than 15 years. Application of s 104 not manifestly unjust.
HELD: Sentence of life imprisonment with MPI of 17-years. Aggravating factors of offending included scale of violence, the extent of loss and harm caused by the offending, effect on the wider whānau, abuse of trust, vulnerability of the victim and delay in seeking help. No mitigating personal circumstances other than remorse and awareness of anger management issues. Even if s 104 did not apply, MPI would be no less than 15 years. Application of s 104 not manifestly unjust.