R v Kayaitok, 2014 NUCJ 11

In the 2014 case of R v Kayaitok NUCJ 11 the male offender murdered his female partner with whom he had been in an off-and-on relationship with for 14 years and with whom he had four children. The Nanavut Court of Justice confirmed the Gladue principle (para. 38)

In sentencing aboriginal offenders, a court must try to give the greatest weight to the principles of restorative justice and less weight to the principles of deterrence and denunciation and separation.

R v Mahia [2014] NZHC 1396 (19 June 2014)

In the 2014 case of R v Mahia NZHC 1396 the defendant was sentenced to life imprisonment for the murder and sexual violation of the victim with whom he had been in a volatile intermittent relationship. The defendant indicated a willingness to participate in a restorative justice process. The judge considered this ‘unrealistic’ as a result of the attitude displayed by the defendant when ‘challenged by others’ and ‘in the context of the subject’ of the victim’s death (para. 28).