New Zealand Case Law: Decisions & Judgments

Topic

Addiction as mitigation

Legal area

Court

11 Dec 2023

R v MOORE [2023] NZHC 3686

Citation

[2023] NZHC 3686
Court

High Court

Having compared relevant authorities the Court fixed a starting point of 7 years 9 months for manslaughter by deliberate use of a vehicle as a weapon, found specific aggravating factors (use of weapon, victim vulnerability, failure to stop, offending while disqualified), applied a modest 7.5% uplift for relevant prior driving-related offending and bail status, allowed 20% credit for a guilty plea, applied a 35% global discount for remorse, addiction and extensive childhood trauma and related mitigation, declined to impose a minimum period of imprisonment, and imposed a sentence of 4 years and…
27 Sept 2023

TAUFUI v THE KING [2023] NZHC 2619

Citation

[2023] NZHC 2619
Court

High Court

The 20-month starting point for the arson was within range given the multi-storey risk and greater property damage; the District Court's aggregate sentence of 30 months was manifestly excessive because it failed adequately to recognise credit for 220 days on EM bail and for remorse; after adding one month credit for EM bail and a modest remorse allowance the global discounts increased and the substituted sentence of 26 months imprisonment was appropriate.
1 Sept 2023

BENJAMIN DURBIN v NEW ZEALAND POLICE [2023] NZHC 2450

Citation

[2023] NZHC 2450
Court

High Court

The High Court held the District Court's cumulative adjusted starting point of 40 months imprisonment was within range and not manifestly excessive; the Judge correctly applied aggravating uplifts (offending on bail and extensive criminal history) and full guilty plea discount; the s 27 cultural report was neither fresh nor sufficiently cogent to alter sentence and was therefore refused; the appeal was dismissed and the 36 month end sentence affirmed.
31 Jul 2023

KIM v R [2023] NZCA 332

Citation

[2023] NZCA 332
Court

Court of Appeal

Appellant's placement at the lower end of the 'significant' role was correct given quantities handled, entrusted responsibilities and ongoing operational function; the 14-yearish starting point adjusted for discounts produced a lawful end sentence of 10 years 10 months; s 27/cultural/addiction factors did not causatively reduce moral culpability to warrant a discrete discount; and a 40% minimum period was justified for denunciation and general deterrence. Appeal dismissed.
25 May 2023

SILULU v R [2023] NZHC 1244

Citation

[2023] NZHC 1244
Court

High Court

The High Court admitted the s27 cultural report as it was in the interests of justice, found the appellant's methamphetamine addiction and adverse childhood/gang exposure made a causative contribution to the offending and warranted a discrete 10% reduction of the adjusted starting point, found no additional uplift was necessary because prior offending was effectively reflected in the judge's adopted starting point and the EM bail credit had been accounted for, and quashed and substituted the District Court sentence with a reduced sentence of two years, two months and two weeks' imprisonment w…
6 Dec 2022

SALT v R [2022] NZCA 611

Citation

[2022] NZCA 611
Court

Court of Appeal

Extension of time was granted; the s 27 cultural report was not admitted as fresh evidence because its material substantially overlapped with information before the sentencing Judge and was not required to demonstrate mitigation; the sentencing Judge materially under-credited mitigation for youth (10%), family circumstances including addiction (10%) and remorse (5%) such that, combined with the 20% plea discount, the end sentence should be reduced to six years' imprisonment from eight years two months.
16 Nov 2022

MARK TUMU GLASSIE v R [2022] NZCA 556

Citation

[2022] NZCA 556
Court

Court of Appeal

The Court held the sentencing judge did not err in his choice of starting points or uplifts but increased mitigation in two respects — additional rehabilitation credit for Duff and EM bail credit for Glassie — and substituted reduced custodial terms accordingly.
15 Nov 2022

AARON REEDY v R [2022] NZHC 3011

Citation

[2022] NZHC 3011
Court

High Court

The High Court dismissed the appeal: the sentencing judge did not err in allowing a 10% discount for factors in the s 27 report and a 5% discount for remorse/rehabilitation/medical considerations given the limited causal nexus, predominance of self-reported material, the commercial nature of the offending and absence of independent evidence; the overall sentence was within range and did not warrant appellate interference.
13 May 2022

R v COLE [2022] NZHC 1064

Citation

[2022] NZHC 1064
Court

High Court

Court fixed a global starting point of 10 months' imprisonment for the representative offences, found the defendant had a lesser street-level role and minimal quantities, applied a 20% guilty plea discount, a 15% discount for addiction, and 10% for rehabilitative steps (overall 45% discount yielding 5.5 months if custody imposed), but determined the least restrictive appropriate outcome was a non-custodial combination: 3 months Community Detention plus 12 months Intensive Supervision with specified conditions; one charge (charge 7) was discharged.
11 May 2022

FORDE v R [2022] NZHC 904

Citation

[2022] NZHC 904
Court

High Court

The High Court allowed the appeal, holding that while the five‑year starting point for the methamphetamine offending was within range, the 15% uplift for previous convictions (approximately 12 months) was excessive; recalculation with an appropriate uplift of six months and the applied discounts (guilty plea and personal factors) supported reducing the substituted sentence to four years nine months' imprisonment and ordering destruction of the pistol and forfeiture of $32,500 to the Crown.