Justice Cameron Mander

“ The question that has arisen for me is how can a free and democratic society adequately respond to a crime of such exceptional seriousness — that takes the lives of innocent men, women and children on such a wholesale scale with such animus, and with such malice and callous indifference? Parliament has provided a sanction for such crimes in the form of a life sentence without parole that can only be imposed in the case of the very worst murders. Its use must be taken to have been intended only when the circumstances clearly warrant its imposition. ”

“ It is self-evident that your offending constituted extreme violence. It was brutal and beyond callous — your actions were inhuman. You deliberately killed a three-year-old infant by shooting him in the head as he clung to the leg of his father. The terror you inflicted in the last few minutes of that small child’s life is but one instance of the pitiless cruelty that you exhibited throughout. ”

“ While you may have contemplated the risk of your death in carrying out your crimes, it is striking that you were at pains to avoid being shot at the time of your apprehension and that you were determined to survive. Your plan was to be captured alive and to use your subsequent interactions with the police and the court process to advance your ideological cause. I accept that insofar as you may have thought to use your trial as a platform, you discarded that opportunity when you pleaded guilty and have taken no steps in the course of this hearing to advance the ideology that motivated you. ”

“ For murder there is a statutory presumption that a life sentence will be imposed. The isolated fact that a murderer has pleaded guilty will not by itself be sufficient to disturb the imposition of that indeterminate sentence. It has been submitted that the only meaningful way of recognising your guilty pleas is for the Court to step back from the imposition of a sentence of life imprisonment without parole. ”

“ The need to make an order that you serve your sentence without parole does not primarily arise from deterrence nor from the need to protect the community from you, powerful as both considerations are when dealing with an offender capable of such terrible crimes and the necessity of delivering a cogent message that the commission of such an atrocity will be met with the most condign response. However, I am mindful that as the years pass and you become a much older man, the risk you pose could be reassessed. ”

“ 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. ”

“ For completeness, I record that if I am wrong to sentence you on the basis that the Court retains a residual discretion to decide whether to impose a life sentence without parole, despite having concluded that no minimum term of imprisonment would be sufficient to hold you to account for the harm you have done, or to denounce your conduct, a whole-of-life sentence would have to follow in any event. ”

“ The retributive nature of the public punishment of crime represents a statement of society’s indignation and condemnation of the offending. By the imposition of sentence, the Court’s denunciation and, through the Court, society’s abhorrence of particular crimes is demonstrated. While public opinion and populist urgings cannot be allowed to steer sentencing, the consequences of the crime for the victims and their families, and for the community as a whole, can be major factors that push accountability to the fore. ”

“ A crime is a public wrong, and the public dimension of sentencing and the maintenance of public confidence in the criminal justice system must be kept in mind. The sentence I impose must be one that reflects the community’s repudiation of your crimes. It must represent a civilised reaction based not on emotion but justice and deliberation. [48] The Court cannot impose significantly heavier or more severe punishment than is properly justified nor beyond that required for the protection of the public interest. ”

“ Your focus appears to be on yourself and the position you find yourself in. While I accept you have forsaken the opportunity to use this proceeding as a platform and appear now to accept that what you did was wrong, you appear neither contrite nor ashamed. Your regret appears centred on the waste of your own life in the realisation that your crimes were irrational and unjustifiable, rather than for the innocent lives that you have taken. ”

“ The recognition that is to be afforded to guilty pleas is not limited to the motivation of the offender for their entry. The Crown has properly acknowledged that, even if not a marker of true remorse, there remains a benefit to the justice system from an offender pleading guilty, and merit in having saved victims the trauma of reliving events through a trial which I am required to take into account in sentencing you. ”

“ Similarly, because your act of terrorism comprised the deliberate taking of so many innocent lives and the wounding and maiming of so many people, I consider the maximum sentence of life imprisonment can be the only commensurate starting point for the commission of such a crime. ”

“ The core justification for providing credit to an offender for pleading guilty is said to be the benefits that accrue to the criminal justice system and to its participants — what is referred to as the utilitarian value of an offender’s plea. ”

“ While you have expressed a willingness to engage in some form of restorative justice process in the future, it is not apparent from the reports I have read that you have shown much interest in your victims, let alone any remorse or empathy for the people you have killed and wounded, or for the wider harm you have caused. You have to date been dismissive of any potential rehabilitative interventions. While perhaps reflective of your fluctuating moods, your past responses have been that you do not want help; that professionals do not have the training or expertise to deal with your issues. ”

“ In the United Kingdom a sentencing court when imposing a life sentence for murder may have regard to whether the seriousness of the offence or combination of offences is exceptionally high. Cases that would normally fall within such a category include the murder of two or more persons where each murder involves a substantial degree of premeditation or planning, and a murder that is done for the purpose of advancing a political, racial or ideological cause — criteria that apply to your crimes. ”

“ Ramiz Arifbhai Vora spent the morning of 15 March with his parents visiting his wife in Christchurch hospital. She had recently given birth to their daughter. He never got to hold his baby. He and his father, Arif Mohamedali Vohra went to the Mosque where both were murdered. Ramiz had a dream for his family to have a life in New Zealand. Despite all the adversity, his wife is determined to honour her husband’s wishes and make a life here for herself and their young daughter who will never have the opportunity to meet her father. ”

“ Haroon Mahmood’s wife has told me that the murder of her husband has turned her and their two children’s lives upside down. They are devastated by the loss of their extremely loving and caring dad, but their mother is determined that they will not be bowed by your crimes.
[48] Lilik Abdul Hamid’s widow wakes in the night terrified and afraid for her future without her husband. She is alone and her loneliness makes her depressed. Mr Hamid’s daughter lives in fear of strangers and has become timid and untrusting of people. ”

“ Unless after the elapse of the minimum period of imprisonment the Parole Board can be satisfied that an offender can be safely released into the community, a person sentenced to life imprisonment will spend the rest of their life in prison. ”

“ I have little doubt that you chose to come to this country to target New Zealand’s Muslim community for that very reason. As a result of your terrorism you have caused people to question their safety in their own community. ”

“ In the case of the Al Noor Mosque where you murdered 44 people, a significantly higher term would have to be imposed. Even after factoring in your guilty pleas, that feature is quickly superseded by the need to reflect the associated offending that includes your convictions for attempting to murder 40 other people, all of whom suffered serious gunshot wounds and, most, lasting life-altering injuries. ”

“ Mr Syah lost consciousness while speaking to his wife on the phone from the floor of the Mosque as his little son lay with him for comfort on top of his seemingly lifeless body. The child is deeply traumatised from his experience. It is difficult to grasp the terrible physical and psychological impact on this family, and the resulting financial and emotional strain that has been inflicted upon them. Terrorism victims
[108] The people who you killed and wounded were not the only victims. ”

“ I am told he died in the embrace of his wife and the embrace of his faith, but that cannot ease the grief and shock of his wife and children who are trying to make sense of the killing of this warm and loving man who welcomed all people of all races and cultures. ”

“ You moved closer to each now piled group of people lying deceased, wounded or feigning death on each side of the main prayer room. Worshippers, who were either crying out for help or who appeared to be alive, were systematically shot in the head. One of those was a three-year-old child, Mucaad Ibrahim. He was clinging to his father’s leg and you murdered him with two aimed shots.
[13] At this point you made your way out of the Mosque, checking prone victims as you went to ensure they were dead. Outside you shot at people attempting to flee. ”

“ Basil Arsan Mustafa Ass’ad was shot four times and received wounds to his thigh, shoulder blade, arm and mouth. He has had multiple surgeries and will have to undergo further operations to remove shotgun fragments. He has been unable to work and this has caused considerable financial difficulties for his family. His inability to care for his young child has caused further stress, and he finds himself emotionally fragile. His wife feels vulnerable and continues to fear for her safety. ”

“ At nearly 30 years of age, you are a relatively young man and the justifications for your continued detention over time may shift as the years pass. Some may change but I do not consider, however long the length of your incarceration during your lifetime, that it could, even in a modest way, atone for what you have done. Ordinarily such an approach would be a poor guarantee of just and proportionate punishment, but I consider yours is one of those exceedingly rare cases which is different. ”

“ He struggles with day-to-day tasks and knows there is a long way ahead to recovery, both physically and mentally. He will likely have to curb the travel he undertakes as part of his job as an engineer. He hopes that as the years pass you will reflect on your actions, see past the hate that is in you and find peace and love.
[94] Al Seenawi is a 63-year-old grandfather who spent six weeks in hospital and can no longer walk without the aid of crutches. It will take at least three years for the nerve damage in his leg to repair to allow him to walk again properly. ”

“ Many of the surviving victims have suffered major and permanent life-altering physical injuries and deep disabling mental trauma. Their lives have fundamentally changed. The Sentencing Act (the Act) directs that the maximum penalty prescribed for an offence must be imposed for offending that is within the most serious of cases for which that penalty is prescribed. ”

“ You have also claimed that you are not racist or xenophobic and that you did not target your victims because of their ethnicity or religion. The facts show otherwise. You have held longstanding discriminatory views against ethnic minorities that clearly evolved from your own experience, research and interaction with likeminded individuals over a relatively long period, and developed to become violently focussed on a hatred towards Muslim people. ”

“ He is always worried that someone else will commit another attack and fears for his children’s safety. The simplest tasks, such as dressing, are a struggle, and the nerve damage has left him shaking. At times he has become depressed and felt like giving up. ”

“ A 13-year-old boy was shot by you in the thigh and spine, but the greatest loss for this teenage boy was the death of his father and his older brother. It is hard for his bereaved mother to watch him and his sister trying to cope without their father and brother. No one can replace them. ”

“ New Zealand rightly places great value on its diverse and culturally rich community. It recognises the contributions made by people of many racial and ethnic backgrounds and of varied faiths and cultures. ”

“ Days of intensive care and weeks in hospital led Mr Tahir to finally being discharged, but he must now live with the pain of his wound. He has trouble sleeping. He thinks of the people who died in front of him and he often feels scared and worried for his family. ”

“ He did not initially think he was wounded after running from the Al Noor Mosque, but he had been shot. He had bullet fragments in his leg and has suffered nerve damage. Mr Rangi struggled to walk for a long time and this resulted in him losing his job. Despite the damage to his leg he is no longer in pain, but at times he becomes very upset. He finds himself looking at people differently and not trusting people as he once did. ”