New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Aggravating factors s9a

  • 21 Aug 2020

    R v NGAHERE [2020] NZHC 2133

    Citation
    [2020] NZHC 2133
    Court
    High Court

    Adopted a starting point of 6 years 6 months for manslaughter, uplifted three months for the additional assault and threat charges to 6 years 9 months; applied total deductions of 35% (10% for personal factors encompassing youth, socio-economic deprivation and limited coping/mental health; 5% for remorse; 20% for guilty pleas) reducing the sentence to an end sentence of four years and five months' imprisonment; imposed concurrent sentences of three months (assault) and six months (threat) and declined to impose a minimum period of imprisonment beyond the statutory one-third because the offend…

  • 11 Apr 2017

    R v HUATA [2017] NZHC 704

    Citation
    [2017] NZHC 704
    Court
    High Court

    Given severe blunt force to the head causing fatal subdural haematoma, multiple additional injuries including bites, the victim's young age and breach of trust, the appropriate starting point was 10 years; applying a 25% discount for the offender's youth produced an effective term of seven and a half years for manslaughter, with a concurrent two and a half years for injuring with intent.