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A man who murdered Australian tourist Sean McKinnon near Raglan was sentenced to life in prison with a minimum probation period of 15 years and six months.
He was sentenced in Hamilton Superior Court.
McKinnon, 33, was shot twice at point-blank range by Garson while attempting to rob the caravan that McKinnon and his girlfriend were in.
The first shot hit him in the abdomen and the second in the head. He died instantly.
The Crown said Garson was a brutal murderer, but according to his attorney, he was a man with significant mental health and drug problems.
McKinnon and his fiancee Bianca Buckley were sleeping in the van in an isolated location near the beachside town when Garson banged on the door demanding the keys to the van. As McKinnon searched for them, Garson fired a shot at the truck hitting him and not long after he fired again.
Crown prosecutor Jacinda Hamilton describes the crime as the most serious of its kind.
“This crime is duly characterized as an inexplicably explosive violent episode during which the defendant repeatedly shot an unarmed man at point-blank range and without warning in what was a totally unprovoked attack.”
She described it as murder by execution.
“This was particularly brutal. There was a high level of callousness that can properly be considered depraved and there was real cruelty in the way the defendant acted first to Mr. McKinnon and then to his fiancée.”
After killing McKinnon, Garson threatened Buckley. She managed to escape and he left with McKinnon’s body inside the truck.
In her victim impact statement, she said she was denied the opportunity to say goodbye to Sean and hug him.
Two of McKinnon’s sisters were in court to give impact statements to the victims and other family members were on video link from Australia.
Emmeline described her younger brother as a beautiful person and someone who would do anything to help people.
She described seeing his body in the morgue.
“And then my brother is gone and where he was he has become silent and I hear this silence every day. I would know immediately if I had to step back in this world, but I know that he will not because he has gone and done it. He died and we buried him. Sean meant everything to those who loved him, and yet his death was meaningless. “
She said the family’s pain would never end.
Mary described her brother as a very cool and happy boy.
“It is not possible to write Sean’s beauty in a few words or convey the seriousness of the loss. It is only having met him, loved him and been loved by him that you can truly understand what was done. His presence made my heart feel. full and smiling, his absence is always present, aching and insoluble.
“Since Sean left, it feels like someone has turned off the sun.”
Defense attorney Charles Bean described the murder as a completely senseless act, but that Garson was bingeing on methamphetamine and intended to commit suicide that night.
“It is trite to say that New Zealand society is awash with mental illness. We have our own epidemic of methamphetamine addiction and it is that very addiction that put Mark Garson on a fateful journey into a senseless act.”
He said Garson started using cannabis at age 12 and methamphetamine at 15.
“We know he was using methamphetamine. We know he was suffering from depression. We now know from the probation reports that he was diagnosed with post-traumatic stress disorder and we know that he had made an arrangement for his friend to kill him that night.”
Judge Gordon outlined a number of aggravating factors in his violation.
“Your actions were determined but they were impulsive, not planned or premeditated. You had a firearm for a very different purpose and when your friend left you, you acted in the way I have described you.”
Speaking outside of court, Emmeline said the family was happy with the sentence handed down.
“It’s a fun day because nothing is going to bring Sean back. We’re sad about it, but at the same time we were also looking forward to it. The Waikato CIB has done a phenomenal job, I don’t even know how many hours and hard work they have done. accomplished “.
Judge Gordon allowed Garson an 18-month reduction in his sentence without parole for pleading guilty and taking personal circumstances into account.