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R v Lothian [2022] NZDC 7237

Published 27 February 2023

Sentencing — attempted blackmail — Sentencing Act 2002. The defendant was before the Court for sentence on a charge of attempted blackmail. While serving a prison sentence for murder, the defendant had sent the victim a letter demanding $3000. The letter contained threats that if the payment was not made, the defendant would tell others that the victim was a police informant. The letter was never delivered because it was intercepted by prison authorities; also, the victim had in fact died shortly before the defendant sent the letter. The offending was premeditated, calculated and committed while the defendant was serving a life sentence. The Court considered that the seriousness of the offending required a start point of two years' imprisonment. In mitigation the defendant had shown willingness to undergo rehabilitation, had young children, expressed remorse and had health problems. The final sentence was 21 months' imprisonment, to be served concurrently with the life sentence for murder. Judgment Date: 27 April 2022