R v SALT [2017] NZHC 1979

R v SALT [2017] NZHC 1979

Judge found multiple serious aggravating factors (planning/premeditation, gang involvement, weapon use, significant physical and psychological harm to an innocent victim) and set a starting point of four years and six months' imprisonment; applying discounts of nine months for guilty pleas, three months for remorse...

Source-derived case information.

Citation
[2017] NZHC 1979
Parties
Crown: The Queen; Defendant: Heston Salt
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 August 2017
Procedural Posture
Criminal / Sentencing
Outcome
Defendant convicted and sentenced to imprisonment
Legal Topics
Kidnapping, Blackmail, Gangs, Use of Firearm, Victim Harm, Discounts for Guilty Plea and Bail
Criminal Law Sentencing Kidnapping Blackmail Gangs Use of Firearm Victim Harm Discounts for Guilty Plea and Bail

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Parties

The Queen

Crown

Heston Salt

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate overall sentence for combined kidnapping and blackmail
  2. 2 Weight to be given to aggravating features including use of firearm and gang involvement
  3. 3 Application of discounts for guilty plea, remorse, restorative justice and EM bail

Ratio Decidendi

Judge found multiple serious aggravating factors (planning/premeditation, gang involvement, weapon use, significant physical and psychological harm to an innocent victim) and set a starting point of four years and six months' imprisonment; applying discounts of nine months for guilty pleas, three months for remorse and restorative justice, and three months for time on EM bail yielded an effective sentence of three years and three months which was imposed concurrently on both counts.

Court Disposition

Defendant convicted and sentenced to imprisonment

Orders

  • Kidnapping: 3 years 3 months imprisonment (to be served concurrently)
  • Blackmail: 3 years 3 months imprisonment (to be served concurrently)