New Zealand Case Law: Decisions & Judgments

Topic

Bail compliance

Legal area

Court

10 May 2022

R v NUKA GEMMELL ALSO KNOWN NUKU GEMMELL [2022] NZHC 1014

Citation

[2022] NZHC 1014
Court

High Court

The Court fixed a combined starting point of six years (4.5 years for aggravated robbery uplifted by 18 months for kidnapping), declined to uplift for prior convictions because the mandatory full‑term no‑parole consequence of s86C serves deterrence and protection objectives, allowed cumulative discounts totaling 30% (10% guilty plea, 10% personal/cultural mitigation, 10% remorse/rehabilitation) reducing the adjusted starting point to a final sentence of four years and two months' imprisonment to be served concurrently on both charges, and ordered the sentence be served in full without parole…
26 Nov 2021

HUIARANGI v R [2021] NZCA 628

Citation

[2021] NZCA 628
Court

Court of Appeal

Statements in which the witness identified the defendant as the source of the rape information were admissible under s27 Evidence Act; any other hearsay was not prejudicial given the witness's confused testimony and the jury's evident reliance on the police statement, therefore no miscarriage of justice; the sentence of 12 months imprisonment (after uplift and discounts) was within the available range given the seriousness of the attack, prior violent convictions and repeated bail breaches, and parity with co-offender was not breached.
10 Nov 2020

MAIKO v R [2020] NZHC 2958

Citation

[2020] NZHC 2958
Court

High Court

The District Court erred by reducing the composite mitigating discount from the 50% it had initially assessed to 40% without reasons; that unexplained exclusion rendered the sentence manifestly excessive; full recognition of the assessed mitigating factors (50%) plus the 25% guilty plea discount (total 75%) produced an end sentence suitable for home detention, and the High Court substituted ten months' home detention for the custodial sentence.
19 Dec 2019

MANI v NEW ZEALAND POLICE [2019] NZHC 3440

Citation

[2019] NZHC 3440
Court

High Court

Appeal dismissed because the consequences complained of arise from the underlying offending and existing record rather than from the mere fact of conviction; there was no demonstrated real and appreciable risk that entry of convictions would produce consequences out of all proportion to the moderately serious offending, and immigration consequences are matters for Immigration NZ to assess.

New Zealand Case Law

R v NUKA GEMMELL ALSO KNOWN NUKU GEMMELL [2022] NZHC 1014

HUIARANGI v R [2021] NZCA 628

MAIKO v R [2020] NZHC 2958

MANI v NEW ZEALAND POLICE [2019] NZHC 3440