Brian Ivan Edmund McCutcheon's bitter, threatening comments to a probation officer will be put before the Parole Board if he seeks release from his life prison term for murder in 13 years' time.
Justice John Hansen made that order in the High Court in Christchurch today when he imposed the 13-year minimum non-parole term as part of McCutcheon's life sentence for bashing and strangling his former partner.
He said there were "disturbing aspects" to the probation report in which McCutcheon said the dead woman "deserved it" and made threats against other family members.
Within an hour of the murder in the woman's Christchurch home in January, McCutcheon turned himself in to the police and admitted his crime.
He pleaded guilty six weeks ago, and appeared for sentencing today when crown prosecutor Phil Shamy sought the non-parole term greater than the set 10-year minimum for life imprisonment.
Justice Hansen suggested that McCutcheon read the victim impact statement written by the person who now has care of the eight-year-old son of McCutcheon and the woman he murdered.
"I was terribly moved by it. I recommend you read it. It may at least give you some insight into what you have done."
McCutcheon's pre-sentence interview with the probation officer indicated that he had convinced himself that what he had done was in the boy's best interests, and he showed no remorse and said he "would or could do it again".
The name of the dead woman cannot be published because of a suppression order made on her son in the district court. She and McCutcheon were in a relationship but separated and he went to Adelaide where he worked as a bouncer.
McCutcheon has a history of mental illness and has been hospitalised in New Zealand and Australia. He had a depressive disorder, and post-traumatic stress disorder from his abusive childhood.
He returned from Australia last year and paid daily visits to his former partner and their son. But during a visit to New Plymouth, he heard from his family that the woman was alleging abuse by him.
Defence counsel Michael Knowles said McCutcheon was upset by that because he had worked to break the cycle of abuse that he had suffered.
When he again went to her house in Christchurch, they argued and he bashed her with a hammer that he found in her laundry, and then strangled her. She pleaded for her life during the hammer attack, telling him that she had always loved him, and telling him their boy would have no one if she were killed.
Mr Shamy said there had been some premeditation -- McCutcheon had spoken of killing the woman to a family member four days before -- and it had been a sustained attack in her home where she should have been able to feel safe. He had been convicted for a 1998 attack on the same woman.
"Clearly, this was like an execution of this unfortunate woman," Mr Shamy said.
Justice Hansen said the post mortem examination made gruesome reading. The 35-year-old woman had 23 exterior wounds including eight to the head from the hammer attack, though there were no skull fractures. There were large bruises to the neck, and a fracture of the larynx. Death was caused by strangulation.
Justice Hansen said: "I have referred to the disturbing comments in the pre-sentence report. The court must take into account the need to protect the community as a whole and those associated with the family in this case."
He told the family that the sentence did not mean McCutcheon would be released in 13 years. It meant that was the earliest time that he could apply to the Parole Board for release.
"I direct that the contents of the pre-sentence report -- there are disturbing aspects to some of it -- be placed on the file and made available to the Parole Board in the fullness of time."
- NZPA
