Sentencing and Imprisonment

Flashcards reviewing key aspects of sentencing and imprisonment, focusing on minimum periods of imprisonment and relevant case law.

What minimum period of imprisonment does Section 104 impose under certain circumstances?

At least 17 years, unless it would be manifestly unjust to do so.

What does MPI stand for?

Minimum Period of Imprisonment

According to S103, what must a judge order if sentencing an offender convicted of murder to life imprisonment?

A Minimum Period of Imprisonment (MPI)

If Section 104 applies, what is the minimum MPI that must be imposed?

At least 17 years

In other cases (where S104 doesn't apply), what is the MPI that must be imposed according to S103(2)?

More than 10 years, and as long as necessary to satisfy certain conditions.

What conditions must be met to determine the MPI length when S104 does not apply, according to s103(2)?

Holding the offender accountable, denouncing the conduct, deterring the offender/others, and protecting the community.

Under what condition can a court order an offender to serve a life sentence without parole, according to s103(2A)?

If the court is satisfied that no MPI would satisfy the conditions of accountability, denouncement, deterrence and protection of the community.

In which New Zealand High Court case did the court determine if the murder was committed in an attempt to avoid detection?

R v Potts [2020] NZHC 1336

What was the key factor in the Mark Lundy case?

He was convicted of killing his wife and daughter.

What makes a killing classified under Lengthy Planning worse than a spontaneous killing?

It indicates a higher degree of premeditation.

In which New Zealand Court of Appeal case was the defendant found guilty of arranging the killing of his wife?

Chow v R [2013] NZCA 360

Why is unlawful entry into a dwelling place considered a serious factor in murder cases?

Because people should feel safe in their homes.

What is the fourth category that warrants a minimum of 17 years?

Another serious offence

What circumstances constitute a 'high level of brutality, cruelty, depravity, or callousness' in a murder case?

Actions demonstrating extreme indifference to human suffering.

What is a terrorist act defined as in Section 5(1) of the Terrorism Suppression Act 2002?

An act that is carried out with the intention of causing death or serious bodily injury and creates a serious risk to the health and safety of the public.

According to the lecture notes, what makes a victim 'particularly vulnerable'?

Age, health, or any other factor making them defenseless.

What is the minimum MPI that must be applied when the offender has been convicted of 2 or more counts of murder?

17 years

In R v Watson [2003] NZAR 193, what capital crime was Scott Watson convicted of?

Scott Watson was convicted of killing Ben Smart and Olivia Hope.

What is the 'exceptional circumstances' criteria?

Any other exceptional circumstances that would warrant a harsher sentence.

If section 104 does not apply, what does s103(2) describe?

The minimum before applying for parole will be 10 years and in extreme circumstances then it might go to 17 years

If someone is convicted of murder, what is the third option in terms of parole eligibility?

Without Parole

Why was there no minimum period of imprisonment in R v Tarrant [2020] NZHC 2192?

The judge was satisfied that no minimum period of imprisonment would be sufficient to denounce their crimes.

In the Mosque Shooting Case, how many people did the offender murder?

51

According to the lecture notes, what must an offender who is convicted of murder be sentenced to?

Imprisonment for life unless, given the circumstances of the offence and the offender, a sentence of imprisonment for life would be manifestly unjust.

According to the lecture notes, it is manifestly unjust if the offender is sentenced to imprisonment for life, what minimum MPI does the court have to make?

At least 17 years

According to the lecture notes, when does the exception for minimum MPI exist for a convicted murderer?

At both stages and needs to be considered

According to the lecture notes, what makes the exception for minimum MPI narrow?

Rare cases where society would think it would be so unfair if this exception is not applied

According to R v Williams [2005] 2 NZLR 506, how should the 'specified minimum term' be changed?

May not be departed from lightly, as the Court is bound to given effect to the legislative policy of ensuring a 17 year minimum for the most serious murder cases

According to R v Williams [2005] 2 NZLR 506, would marginal differences in personal circumstances qualify for discretion?

Marginal differences in personal circumstances or degrees of participation by co-offenders would not normally qualify

What are the criteria for minimum period of imprisonment (MPI) under Section 103?

Accountability, denouncement, deterrence and protection of the community

What is the significance of R v Kumar [2015] NZHC 954 in the context of sentencing?

It is a case example regarding section 104 matters when considering sentencing.

Why is calculating and lengthy planning to commit murder seen as extremely dangerous?

It indicates a higher degree of premeditation.

Can mitigating factors always displace the presumption of a 17-year minimum sentence?

Mitigating factors related to personal circumstances rarely displace the presumption.

True or false: The presence of mitigating factors relating to personal circumstances of an offender would likely displace the presumption of the 17-year minimum?

False

What is a key consideration when determining if a sentence of imprisonment for life would be manifestly unjust?

If society would think it unfair if the exception wasn't applied