Youth Court Decisions How to Use Full list of key titles CYPFA section Date

R v Edwardson 27 April 2007, High Court, Rotorua, CRI 2006-069-1101 , Justice Stevens

Name: R v Edwardson
Unreported
File number: CRI 2006-069-1101
Court: High Court
Location: Rotorua
Date: 27 April 2007
Judge: Justice Stevens
Charge: manslaughter
CYPFA:
Key title: sentencing - other
Case Summary:
E was 16 at time of offending (13 May 2006). Drinking with friends, and at a party. Deceased intervened in dispute between E and another. Verbal confrontation, threats, pushing and shoving, punching from both parties. E then produced knife from jacket pocket and stabbed deceased in neck, nicking her carotid artery.

Crown argued for sentence of 8 years based on aggravating factors including use of a weapon, fleeing the scene, last minute indication of intention to plead guilty followed by presentation of defence of self defence at trial.

Defence argued mitigating factors including no specific premeditation, previous good character, sporting involvement, schooling, character references, good chances for rehabilitation, remorse, co-operation with Police, low risk of re-offending.

Court mentioned troubling use of alcohol amongst all young people involved on the night of the incident. Court also referred to mitigating factors including age, and involvement of deceased, and presence of a weapon (R v Waho HC PMN T13/89 3 November 1989 Eichelbaum CJ), and the manner in which it was used. Court downgraded indication of guilty plea as “more tactical than an expression of genuine remorse” (R v Reweti HC AK CRI 2005-092-014652 6 September 2006 Winkelmann J).

Decision:
Starting point 7 years with a reduction for age (R v Raivaru HC ROT CRI 2004-077-001667 5 August 2005) of 2 yrs 3 mths. Final sentence 4 yrs 9 mths imprisonment.