New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Adhd and culpability

Legal area

Court

7 Aug 2023

CRUDEN v NEW ZEALAND POLICE [2023] NZHC 2073

Citation

[2023] NZHC 2073
Court

High Court

The High Court concluded the District Court did not err: the discounts granted were generous when quantified against the 24 month starting point, ADHD was recognised and accounted for but drug addiction and the hostage incident were not shown to be causative of the offending, and intensive supervision was inappropriate given the seriousness of the offending and the appellant's demonstrated non‑compliance; therefore the 26 month sentence was not manifestly excessive.
13 Dec 2019

ROBERTS v R [2019] NZHC 3319

Citation

[2019] NZHC 3319
Court

High Court

Having regard to Zhang v R which reduced manufacturing starting points and required role-based assessment and persuasive evidence for addiction mitigation, the District Court starting point of four years was excessive. The appropriate starting point was three years; totality uplift reduced to six months; prior conviction uplift three months; a 15% discount applied for causative addiction and ADHD; guilty plea discount of 10% retained. The appeal was allowed and the methamphetamine sentence substituted with two years and ten and a half months' imprisonment.