Child killer vows to appeal sentence

Jeremy McLaughlin at the High Court in Christchurch. Photo / Pool
Jeremy McLaughlin at the High Court in Christchurch. Photo / Pool
The family of schoolgirl Jade Bayliss, murdered by double child killer Jeremy McLaughlin in 2011, have welcomed his lengthy sentence - but he has vowed to appeal.

McLaughlin was "on the brink'' of being the first murderer in New Zealand to be sentenced to life imprisonment without parole, a judge said today.

At the High Court in Christchurch, Crown prosecutor Brent Stanaway told Justice Graham Panckhurst that McLaughlin - who continues to deny the murder, even in a letter he wanted read out in court today, but which was blocked by the judge who said it would only `inflame the situation'' - met the criteria for life in jail without parole.

But Justice Panckhurst concluded that McLaughlin was "on the brink, but not quite crossing the line'' of receiving a non-parole term.

Instead, he imposed a minimum non-parole period of 23 years for the "brutal and senseless'' crime.

In April, a jury of seven women and five men found McLaughlin guilty of murdering his ex-partner's daughter.

The 35-year-old had denied strangling Jade with a piece of cord, stuffing socks in her mouth, dousing her house in petrol and setting it ablaze on November 10, 2011.

Jury members weren't allowed to know McLaughlin's criminal history.

In Australia in 1995, he bashed 14-year-old Phillip Vidot with a cricket bat, and a mate ran over Vidot in a car.

The boy died, and Mclaughlin was sentenced to 12 years in jail for manslaughter. After four years he was deported to his native New Zealand in 2001.

News of McLaughlin's prior history sparked calls, endorsed by Justice Minister Judith Collins, for better sharing of criminal convictions between Australia and New Zealand.

Ms Collins will attend a meeting of the Standing Council of Law and Justice with her Australian counterparts in Sydney this week.

On the agenda will be the progress being made by New Zealand Police to develop a joint Memorandum of Understanding to improve the management of New Zealanders who are convicted in Australia and deported back to New Zealand, and the Government's plans to publish district court judgments online.''

"I'm looking forward to meeting with my Australian counterparts and having the opportunity to discuss topics concerning law and justice that benefit both sides of the Tasman,'' she said today.

"During the meeting we will address a number of justice issues, including cybercrime, organised crime and restorative justice.''

McLaughlin's flatmate, Jolon Erin Sweeney, 42, was sentenced in June to 200 hours of community work for his role in helping McLaughlin try to get away with the burglary and arson.

After he was sentenced, Sweeney said he hoped McLaughlin never got out of jail.

"I've got a young boy ... and I don't want my son to be one of his next victims.''

Jade's mum Tina Bayliss read out her victim impact statement today, in which she paid tribute to her bright daughter, an exceptional pupil, and her "special friend''.

"I think of her every day. She had everything to live for,'' Ms Bayliss said.

Tina said she used to be happy-go-lucky, but now is "not really fussed about living life to the max any more''.

She has suffered depression, anxiety, and undergone medication and counselling, she said.

"I'm terrified of this happening again; terrified of losing another child.''

She recently returned from Perth where she had an "emotional'' meeting with the family of Vidot and another victim Tyron Williams, who still suffers brain damage from the attack.

Tina said she wonders how someone could harm three children like McLaughlin did and "still have no remorse''.

"Our lives will never be the same.''

Jade's father Gary Bayliss said he's been unable to grieve for Jade, as the "heartache and anger'' has been so deep.

"It ripped me up inside,'' he said.

Mr Bayliss said he had lost friends who didn't know what to say to him anymore.

As McLaughlin was led into the cells to begin his lengthy prison term, people in the public gallery shouted abuse at him, calling him "f****** gutless" and a "piece of s***", and saying he should be hung.

Outside court, Tina Bayliss made a short statement: "Firstly I'd like to say how happy I am with Jeremy McLaughlin's sentence.

"I'd like to thank everyone involved in bringing justice to my daughter Jade Louise Bayliss. Jade will never be forgotten.''

McLaughlin's aunty Aurora Smith spoke outside court claiming that her nephew was innocent.

"This is a very sad day. An innocent man has been sentenced to a murder he did not commit.''

The Crown was not calling for the life sentence just because of the callousness of the crime, Mr Stanaway said.

He argued that McLaughlin could qualify for such a harsh sentence given his prior history, his personal characteristics, the need for individual deterrents, and the need to protect the community.

The Sentencing and Parole Reform Act 2010 was introduced so that New Zealand's most serious murderers were no longer a risk to the community, he said.

Given that Mclaughlin has now killed two young people, protection to the community needs to be a "paramount consideration", Mr Stanaway said.

A psychologist raised concerns in a report about McLaughlin's lies and manipulation, the court was told.

Mr Stanaway said McLaughlin had shown a common theme of deflecting blame and culpability to others, which had become more pronounced as he had aged.

It was almost impossible to assess his chances of rehabilitation given his non-compliance so far, he said.

Defence counsel Margaret Sewell said deterrents and community protection could be served by a minimum non-parole period.

She accepted the psychiatric report placed McLaughlin at a medium to high risk of re-offending, but given that life imprisonment means life in prison, it was up to him to convince the authorities that he was suitable for release, she said.

Justice Panckhurst told McLaughlin that "without doubt your crime warrants life imprisonment''.

He raised concerns over McLaughlin's continued "fatuous'' denial. It was not credible that some other intruder entered the Bayliss home in Cashmere after his burglary, but before he returned to torch it, the judge said.

DNA found under Jade's fingernails matched McLaughlin's profile, Justice Panckhurst said.

"This is one of the most compelling cases I have experienced in my years in these courts''.

He praised the police's "meticulous'' approach to the case, as well as the Crown's "overwhelming'' arguments.

"Your refusal to acknowledge the obvious is very disturbing,'' Justice Panckhurst said.

"As was the efficient and emotionless way you acted that morning, immediately after taking this young girl's life.

"It was chilling to see your demeanor later that day and indeed that evening when you were interviewed by the police.''

Ms Sewell said McLaughlin will appeal the decision.