The Supreme Court sentenced three co-offenders for manslaughter by unlawful and dangerous act on materially different factual bases, reflecting their differing roles: the principal assailant (Wyatt) received 12 years (8.5 year NPP); the organiser/encourager who was not present during the fatal assault but provided logistical support (Dalton, convicted after trial) received 10 years (6 year NPP); and the co-offender who was present but did not physically participate in the assault (McIver, who pleaded guilty) received 7 years (5 year NPP). The Court applied Verdins and Bugmy principles to reduce moral culpability for McIver (markedly deprived childhood, personality disorders, low IQ) and Wyatt (developmental trauma, substance abuse), and applied Guden principles regarding the burden of potential deportation for Wyatt as a New Zealand citizen. The Court emphasised that agreeing to an unlawful and dangerous assault does not excuse moral culpability merely because the actual violence exceeded what was anticipated, particularly where the offender encouraged violence and knew the assailant was likely to act with extreme force.
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