One of New Zealand's top criminal defence lawyers has warned of miscarriages of justice if the Government chooses to implement murder rankings in our justice system.
The new Government has committed in its coalition deal with New Zealand First to investigate the introduction and implementation of the degrees of murder sentencing legislation.
NZ First has previously campaigned on introducing a degree of murder regime that utilises "life for life", meaning the highest degree of murder would carry a minimum sentence of life in prison with no chance of parole.
A Degrees of Murder Bill was proposed by former National MP Brian Neeson in 1996, however, it failed to pass in Parliament.
One of the common arguments for different degrees of murder is that not all murders are equal in terms of maliciousness.
"At the moment there is only one 'degree of murder' under the New Zealand Crimes Act, even if an offender is also charged with other terrorism offences. That means that someone who kills their violent and abusive partner is labelled a murderer in the same way as someone who kills 50 innocent victims because of white supremacist views," University of Waikato senior law lecturer Brenda Midson wrote in 2019.
Appearing on AM on Monday, criminal defence lawyer Marie Dyhrberg KC said our legislation already allows us to determine what seriousness a particular murder will fit into.
Dyhrberg said within the justice system, we already have the ability to impose life without parole, which terrorist Brenton Tarrant was sentenced to, and stiff penalties.
"So, I don't know why we are thinking that we need to change the system," she said.
"… We feel any mandatory sentencing always is going to create miscarriages of justice."
An example Dyhrberg gave was in the cases of victims of domestic abuse who go on to kill their abuser. While the murder may fit the category of "first degree", it doesn't mean a life sentence with no parole would be just.
"We have a self-defence, or we have a compassionate response, to a killing where it is called the 'battered spouse' or 'battered person syndrome'… If you have mandatory first-degree murder, premeditation [and] an incapacitated deceased, you've caught the battered spouse, or the son, or daughter.
"That is why you keep the judicial discretion alive and not impose mandatory because it will bring about injustice."
Dyhrberg said each case must be decided on its own merits otherwise there is a risk of being in conflict with Section 9 of the Bill of Rights Act which stops disproportionately severe sentences or punishment.
Further changes to law and justice in NZ First's agreement with National is to introduce the Protection for First Responders and Prison Officers legislation which will create a specific offence for assaults on first responders which includes minimum mandatory prison sentences. As well as reform the Fleeing Driver laws to curb the increase in fleeing driver incidents.
The deal also plans to introduce the Coward Punch legislation which will create a specific offence for anyone who injures or kills someone with a coward punch.
Meanwhile, in ACT's agreement with National, Three Strikes legislation will be restored with a couple of amendments.
The coalition will also amend the Sentencing Act 2002 and associated legislation to ensure appropriate consequences for criminals.
