New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Bail offences

Legal area

Court

18 Oct 2018

MIHINUI v NEW ZEALAND POLICE [2018] NZHC 2705

Citation

[2018] NZHC 2705
Court

High Court

The High Court held the Judge's starting points and uplifts were within the available range, the totality principle was properly applied, the aggravating factors (repeated strangulation, violence, offending while on bail and prior convictions) justified the uplifts, and the discounts applied for youth and guilty plea were appropriate; the overall sentence of three years nine months imprisonment was not manifestly excessive and the appeal was dismissed.
20 Feb 2018

R v ANAE [2018] NZHC 197

Citation

[2018] NZHC 197
Court

High Court

The Court fixed cumulative determinate starting points for aggravated robbery, indecent assault and telephone offences, applied uplifts for prior offending and offending on bail, allowed a 10% guilty plea discount, and concluded that although the defendant presents a significant risk, the overall seriousness and limited sexual offending history did not justify preventive detention; imposed a finite sentence of 5 years 6 months imprisonment with statutory consequences including strike two and the possibility of an extended supervision application by the Chief Executive.