New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Assault in family relationship

Legal area

Court

17 Mar 2022

HILAIRE v POLICE [2022] NZHC 490

Citation

[2022] NZHC 490
Court

High Court

The three-month uplift for the offender's recent and repeated family violence offending and breach of release conditions was justified; the nine-month uplift for the in-custody letter was excessive and reduced to four months; adjusting the combined starting point to 16 months and applying a 25% guilty plea discount produced a lawful substituted sentence of 12 months' imprisonment with existing special release conditions retained.
22 May 2020

WALKER-OAARIKI v NEW ZEALAND POLICE [2020] NZHC 1087

Citation

[2020] NZHC 1087
Court

High Court

The appeal against conviction is dismissed because omission to advise on sentencing indications did not amount to counsel error that caused a miscarriage of justice given the weak prospect of acquittal on the evidence and credible independent witness accounts; the appeal against sentence is dismissed because although the original starting point was adjusted downward, the ultimate sentence of 26 months for strangulation (with a concurrent three months for assault) was not manifestly excessive after appropriate assessment of starting point and allowable discounts.