24 years on, teenager’s murder conviction and life sentence referred to Court of Appeal | Te Kāhui Tātari Ture

24 years on, teenager’s murder conviction and life sentence referred to Court of Appeal

21 August 2026

Renee O’Brien’s 2002 murder conviction and life sentence are to be reconsidered by the Court of Appeal following a referral by Te Kāhui Tātari Ture | Criminal Cases Review Commission (Te Kāhui).

Miss O’Brien was 14 at the time of the offending and 15 when, following a jury trial, she was convicted of murder in the High Court at New Plymouth in September 2002. Her two co-accused pleaded guilty to manslaughter. Miss O’Brien was sentenced to life imprisonment in February 2003, with a minimum period of imprisonment of 10 years.

As part of its investigation, Te Kāhui obtained expert evidence examining how Miss O’Brien’s age, developmental stage and cognitive functioning may have affected her ability to understand and appreciate risk and form the intent required for murder.

Te Kāhui also identified wider concerns affecting the fairness and reliability of the conviction. This included Miss O’Brien’s ability to participate meaningfully in complex proceedings, uncertainty in the forensic pathology evidence, the late change of plea and evidence of a co-accused, party liability directions, and the use of Miss O’Brien’s police interview in her trial.

Acting Deputy Commissioner Professor Tracey McIntosh says the investigation raised significant questions about the fairness of the original proceedings.

“Our investigation also identified broader concerns about the fairness of the proceedings. While no single issue necessarily determines the outcome, when considered together we concluded there were sufficient concerns for the Court of Appeal to consider her conviction again.”

Miss O’Brien’s life sentence was also reviewed. Since she was sentenced in 2003, there have been significant developments in the law and understanding of adolescent neurological development and the sentencing of young people. The expert evidence we obtained about her developmental capacity is relevant to both referrals.

Having considered those developments, and that evidence, Te Kāhui concluded that, had Miss O’Brien been sentenced today, she would be unlikely to receive a life sentence. It was decided it was in the interests of justice to refer both her conviction and sentence to the Court of Appeal.

Professor McIntosh says a referral does not determine the outcome of the case.

“Te Kāhui does not decide guilt or innocence, and a referral does not mean a conviction has been overturned. It means we have concluded that it is in the interests of justice for the case to be considered again by an appeal court.”

Miss O’Brien’s referral was filed to the Court of appeal on Friday 21 August. This is the seventh referral Te Kāhui has made to an appellate court since it began operating in 2020.