New Zealand Case Law: Decisions & Judgments

Topic

Aggravation

Legal area

Court

27 Jul 2023

R v PUATA-CHANEY [2023] NZHC 1980

Citation

[2023] NZHC 1980
Court

High Court

Adopt a 23-year starting point for MPI for the double murders given close-range, callous shootings, forced entry and firearm use; apply a 6-month uplift for offending while on bail and prior convictions; deny uplift for subsumption of prior determinate sentence; apply a 6-month discount for background factors tied to lifelong exposure to violence, a 6-month discount for remorse, and a 2-year discount for an early guilty plea, resulting in a minimum period of imprisonment of 20.5 years and life imprisonment overall.
6 Mar 2023

R v ORMSBY-TURNER (SENTENCING NOTES) [2023] NZHC 406

Citation

[2023] NZHC 406
Court

High Court

Starting point for MPI set at 13 years by analogy with R v Kahia given gang involvement, knife use and multiple attackers; no uplift for premeditation because attack had spontaneous elements; applied discounts of 18 months for guilty plea and one year for personal circumstances (cultural background, remorse and rehabilitation potential) resulting in a final MPI of 10.5 years; life sentence imposed as mandated by statute.
30 Mar 2021

R v WITEHIRA [2021] NZHC 678

Citation

[2021] NZHC 678
Court

High Court

The jury rejected full self-defence, finding the defendant used excessive force without murderous intent; applying comparable authorities the starting point for culpability is five years' imprisonment, reduced by 30% (20% for background trauma and PTSD linked to fight response, 5% for remorse, 5% for rehabilitation potential) yielding a final sentence of three years six months' imprisonment for manslaughter.
4 Dec 2018

MOORE v R [2018] NZCA 551

Citation

[2018] NZCA 551
Court

Court of Appeal

The Court found the sentencing starting point adopted by the judge was too high; it set a starting point of 24 months, applied a 15% deduction for mitigation producing 20 months, and concluded that, having regard to mitigation, rehabilitation prospects and Crown non-opposition, the appropriate disposition was to quash the 2 years 3 months' imprisonment and substitute 10 months' home detention with specified conditions.
27 Nov 2014

Phillips v Accident Compensation Corporation

Citation

[2014] NZACC 313
Court

District Court

On the balance of probabilities the rotator cuff tear and need for surgery were attributable to an underlying progressive degenerative process rather than an acute injury caused by the recorded accidents; the delay in presentation and imaging supported a non-traumatic aetiology, and there was no evidence the 11 July 2011 tool trolley incident caused a new injury or functional loss, therefore ACC correctly declined cover and the appeals are dismissed.
16 Oct 2013

Gordon v Accident Compensation Corporation

Citation

[2013] NZACC 332
Court

District Court

Evidence established migraines pre-dated the 1990 covered neck injury and there was no persuasive medical evidence that the 1990 injury caused the onset of the migraine condition; mere aggravation of a pre-existing condition by a covered event does not make that condition part of the covered injury, therefore ACC lawfully suspended entitlements and the appeal is dismissed.
15 Jul 2011

Shepherd v Accident Compensation Corporation

Citation

[2011] NZACC 189
Court

District Court

On the evidence available to ACC on 7 May 2009 — notably the treating surgeon's records and opinion and the ACC Branch Medical Adviser's assessment — the appellant's ongoing right shoulder symptoms were attributable to a pre-existing rotator cuff tear and the 8 April 2009 event at best aggravated that condition; consequently ACC was justified on that date in suspending further entitlements for the 8 April 2009 claim. Because the medical history was confused, the court ordered an independent medical assessment to resolve causation.
18 May 2011

Marshall v Accident Compensation Corporation

Citation

[2011] NZACC 153
Court

District Court

The Court refused to allow the appeal on the narrow question of the 2006 injury alone, finding the Corporation's decision that the 2006 injury's effects had resolved and that the current condition was attributable to degenerative disease was correct on the evidence, but directed ACC to further investigate whether the appellant's current degenerative condition is substantially caused by his earlier covered injury and spinal fusion (and whether the 2006 incident aggravated that process), requiring a new primary decision and preserving the appellant's right to a review and appeal of that decisio…
2 Aug 2010

Nieborg v Accident Compensation Corporation

Citation

[2010] NZACC 117
Court

District Court

Medical evidence established that the appellant's ongoing C6/7 foraminal stenosis and symptoms were predominately due to pre-existing degenerative disease (long segment cervical spondylosis/ankylosing spondylosis) and not a discrete compensable injury caused by the 2002 or 2005 accidents; aggravation or stirring up of that pre-existing condition was not a compensable injury, therefore ACC correctly suspended entitlements and the appeal is dismissed.
9 Dec 2009

SHARON ROBYN HORNBY V THE ACCIDENT COMPENSATION CORPORATION CA CA131/2009

Citation

openlaw-1ce23555_6bab_43cf_ad3d_76723d418693.pdf
Court

Court of Appeal

The appeal is dismissed because the appellant's diagnosed depression pre-dated the accident and, although the physical injury may have exacerbated symptoms, the depression did not result from the physical injury; aggravation of a pre-existing condition that was not caused by the injury is insufficient to establish cover under s 26(1)(c).