Page:R v Tarrant 2020 NZHC 2192 sentencing remarks.pdf/38

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Absence of prior offending

[169]When you committed these crimes you had no prior history of criminal offending. Whether an offender’s otherwise clean record or good character can mitigate a sentence is heavily dependent on the offender’s background and the circumstances of the offending. In your case, I consider any credit for prior good conduct would be entirely incongruous with the enormity of your crimes and the long period of their gestation, during which you took a series of careful preparatory steps in full knowledge of the harm you were seeking to achieve.

Prospects of rehabilitation

[170]It has been argued that your lack of prior offending, together with your guilty pleas and the claimed motivation for their entry, are relevant to your prospects of rehabilitation and to the core issue of whether life imprisonment without the possibility of parole is necessary in your case. It was submitted that your abandonment of your cause and change of plea is an indicator of a level of insight, and it is argued there is some hope of rehabilitation which of itself is an important purpose of sentencing.[1]

[171]The objective of rehabilitation is to secure the eventual successful reintroduction of an offender back into society. Such an outcome will ordinarily provide a tangible benefit to the community and is one of the essential aims of an enlightened system of criminal justice. I accept that no matter how appalling the crime, the potential for rehabilitation must always give a sentencing court cause to pause. It is a further aspect that I have taken into account in making my overall evaluation of the appropriate effective sentence, but I remain unmoved.

[172]The distribution of your manifesto, the livestreaming of your crimes, during which you addressed your online audience and provided a running commentary; and the affectation of decorating your weapons and playing music, were all undertaken to obtain maximum attention and notoriety both to yourself and your cause. You saw your interview with police as an opportunity to boast about what you had done and to rationalise your actions. If anything more is required beyond your murder of innocent

  1. Sentencing Act, s 7(1)(h).