New Zealand Case Law: Decisions & Judgments

Topic

Addiction

Legal area

Court

15 Dec 2022

HONEYBUN v NEW ZEALAND POLICE [2022] NZHC 3445

Citation

[2022] NZHC 3445
Court

High Court

The High Court allowed the appeal because the District Court did not explicitly apply s16 Sentencing Act considerations, failed adequately to account for the appellant's progress toward rehabilitation and the substantial adverse effects imprisonment would have on her children and housing; the appropriate and proportionate sentence in all circumstances was substituted as three months' home detention with conditions.
17 Jun 2021

RALPH v R [2021] NZHC 1434

Citation

[2021] NZHC 1434
Court

High Court

The High Court held the District Court did not err: imprisonment of 11 months (starting point 15 months with uplifts then discounts to 11 months) was not manifestly excessive given entrenched recidivism, addiction, prior failures of non-custodial sentences and the need to protect the community; the Judge properly exercised sentencing discretions.
3 May 2006

POU V BRITISH AMERICAN TOBACCO (NZ) LTD & ANOR HC AK CIV-2002-404-1729

Citation

openlaw-5605b483_97cd_4d9d_ab9c_a5f8dc1db78e.pdf
Court

High Court

No liability: court found no enforceable duty to cease manufacture; while a prima facie duty to warn could be recognised, it was negated because the dangers of smoking (including difficulty of quitting) were common knowledge by 1968 and, on the facts, the deceased herself would have known; causation not established (Wills' product did not materially cause cancer; BAT not shown to have caused decision to start/continue smoking) and any initial breach was superseded by the deceased's informed continuation of smoking; plaintiffs' claim dismissed.

New Zealand Case Law

HONEYBUN v NEW ZEALAND POLICE [2022] NZHC 3445

RALPH v R [2021] NZHC 1434

POU V BRITISH AMERICAN TOBACCO (NZ) LTD & ANOR HC AK CIV-2002-404-1729