R v Harrison R v Turner - [2016] 3 NZLR 602

Sentencing — Three-strikes legislation — Life sentence without parole — Murder as stage-2 offence — Persistent repeat offenders — Offenders qualifying for life sentence without parole — Whether manifestly unjust to impose sentence of life imprisonment without parole — Risk of grossly disproportionate sentence arising — Consistency with New Zealand Bill of Rights Act 1990 — Consequences of life imprisonment without parole — Wide breadth of qualifying offences — Parole Act 2002.

New Zealand Bill of Rights Act — Declaration of Inconsistency — Appropriateness when sought in criminal appeal — Sentencing Act 2002 capable of being interpreted in a rights consistent way — Manifestly unjust safeguard — Unnecessary to consider declaration.