Page:R v Tarrant 2020 NZHC 2192 sentencing remarks.pdf/26

 wounds. Many would have died but for the actions of fellow worshippers, passing civilians, police and paramedics, and the doctors and nurses of Christchurch Hospital.

[128]Many of the surviving victims have suffered major and permanent life-altering physical injuries and deep disabling mental trauma. Their lives have fundamentally changed. The Sentencing Act (the Act) directs that the maximum penalty prescribed for an offence must be imposed for offending that is within the most serious of cases for which that penalty is prescribed. These are such offences.

[129]Similarly, because your act of terrorism comprised the deliberate taking of so many innocent lives and the wounding and maiming of so many people, I consider the maximum sentence of life imprisonment can be the only commensurate starting point for the commission of such a crime.

Sentencing for murder and terrorism

[130]Where an offender is sentenced to life imprisonment for murder the Court must order the offender to serve a minimum period of imprisonment. That term must not be less than 10 years and must be the minimum term the Court considers necessary to hold you accountable for the harm you have done, to denounce your conduct, to meet the needs of deterrence and to protect the community. If no minimum term of imprisonment would be sufficient to satisfy any one of those sentencing purposes, the Act provides that I may order that you serve your sentence without parole.

[131]Accountability, denouncement, deterrence and protection of the community must be the Court’s focus. Those considerations are not to the exclusion of other purposes and principles of sentencing. However, the length of a minimum period of imprisonment for murder and the assessment of the adequacy of any such term is to be measured against those sentencing objectives. Aggravating and mitigating factors are applicable to the extent they are relevant to those specified purposes.