KEY POINTS:
A youth who took part in a violent street death in Christchurch has had his application for leave to appeal his sentence dismissed by the Supreme Court.
Raymond Fraser Kara, 17, admitted intentionally causing grievous bodily harm to Trevor Clague, 43, who was walking home alone and intoxicated when he was killed.
The attack occurred in Christchurch in October 2005 and Kara was last October sentenced in the High Court at Christchurch to 3-1/2 years' imprisonment.
The Crown appealed the sentence saying the minimum sentence that could have been imposed was one of five years' imprisonment, reached from a starting point of seven years and allowing a generous discount of two years.
The defence argued that the judge adopted a principled approach to sentencing, conscientiously considered the relevant factors and justified his findings.
The Court of Appeal in its judgment on May 11 allowed the appeal and quashed the sentence of 3-1/2 years, substituting a sentence of five years' imprisonment.
The Supreme Court ruled today that it was not satisfied that by reason of the Court of Appeal's approach there had been or might be a miscarriage of justice.
- NZPA
