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R v Barlow 27 April 2007, HC, Auckland, CRI-2003-19-01 Judge Keane

Name: R v Barlow
Unreported:
File number: CRI-2003-19-01
Court: HC
Location: Auckland
Date: 27 April 2007
Judge: Justice Keane
Charge: Murder, manslaughter
CYPFA:
Key title: Sentencing in the adult courts: other
Case Summary:
Barlow was convicted of murder after admitting to beating, together with a co-accused, a drinking companion in Hamilton in 2003. The victim sustained fractured ribs, a ruptured liver, and head injuries resulting in a brain haemorrhage. All parties were under the influence of alcohol and marijuana at the time of the incident.

Barlow had just turned 16 at the time of the offence. The Court cited R v Rapira [2003] 3 NZLR 794 (CA) which held that youth is a factor properly to be taken into account at sentencing, and “[w]here the offending is grave, the scope to take account of youth may be greatly circumscribed.”

Barlow did not ask for any less than the life sentence (Sentencing Act 2002 s102), which was duly imposed by the Court. The Crown did not ask for any more than the minimum 10 year non-parole period, which was also accepted by the Court.

Decision:
Barlow to serve life imprisonment for murder, with a minimum non-parole period of 10 years.