R v Te Hivaka - [2024] NZHC 1421

Sentencing - the offender had been found guilty of being a party to a murder committed during the aggravated robbery of a person from whom the offender's associate was attempting to steal drugs and money - HELD that although s 104(1)(d) of the Sentencing Act 2002 was engaged, it would be manifestly unjust to impose a minimum term of 17 years imprisonment because a minimum term of ten years imprisonment would ordinarily have been imposed and the Crown has never alleged that the principal offender intended to kill the victim - offender sentenced to life imprisonment and ordered to serve a minimum term of ten years imprisonment before being eligible to apply for parole.