New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appeal for unreasonable verdict
  • 5 Jun 2020

    GIBBONS v R [2020] NZCA 216

    Citation
    [2020] NZCA 216
    Court
    Court of Appeal

    The lies about ecstasy did not strike at the core of the Crown case and there was corroboration (immediate complaint and Facebook messages), so the jury could reasonably be sure of guilt; although the Judge's 12‑month imprisonment starting point was arguably high, the mitigating discounts and conversion to a tailored combination of six months community detention, 18 months intensive supervision and 80 hours community work produced a proportionate end sentence; extension of time for the sentence appeal was granted and both conviction and sentence were dismissed on appeal.

    • Indecent assault
    • Credibility of complainant
    • Appeal for unreasonable verdict
    • Sentencing starting point
    • Youth discount
    • Community detention