New Zealand Case Law: Decisions & Judgments

Topic

Breach of parole

Legal area

Court

8 Jun 2021

R v COSSEY [2021] NZHC 1333

Citation

[2021] NZHC 1333
Court

High Court

Having identified a band two starting point of four years and six months based on at least 135.49g and the defendant's lesser role, the court uplifted that starting point by 15% for aggravating factors then applied a 60% discount for substantial mitigation principally the guilty pleas and personal factors, producing two years and ten months, and reduced that by six months for totality with a prior seven-year sentence, resulting in a final custodial sentence of two years and four months; forfeiture of cash seized was ordered and a community sentence was found not available.
1 May 2020

BIRCH v NEW ZEALAND POLICE [2020] NZHC 878

Citation

[2020] NZHC 878
Court

High Court

The Court held the sentencing judge's starting points, uplifts for prior convictions and offending while on release/bail, and discounts for youth and guilty pleas produced an end sentence of two years and ten months that was within range and not manifestly excessive; therefore the appeal was dismissed and the sentence affirmed.
9 Oct 2018

R v STEPHENSON [2018] NZHC 2628

Citation

[2018] NZHC 2628
Court

High Court

The appropriate sentence was determined by fixing a five‑year starting point for kidnapping (reflecting premeditation, weapons, detention, violence and extensive offending), adding one year for the indecent assault and one year for the drug offending, applying a six‑month uplift for prior violent record and offending on parole, granting a four‑month reduction for remorse and a 10% reduction for the timely guilty plea, resulting in an effective concurrent custodial sentence of six years and five months with the kidnapping and indecent assault being second‑strike offences attracting no parole.
31 Jul 2018

GEMMELL v DEPARTMENT OF CORRECTIONS [2018] NZHC 1918

Citation

[2018] NZHC 1918
Court

High Court

Because the District Court did not articulate clear starting points, the High Court conducted a fresh sentencing exercise: adopted six months as the starting point for the second (lead) parole breach, added one month for the earlier breach, treated wilful damage concurrent with the second breach, applied a one month uplift for prior non-compliance (total starting point eight months), and applied a full 25% reduction for early guilty pleas, resulting in a final term of six months imprisonment; reparation of $200 was upheld.
27 Feb 2018

MURPHY v NEW ZEALAND POLICE [2018] NZHC 251

Citation

[2018] NZHC 251
Court

High Court

The High Court held the uplifts for firearm and drug offending and for offending on parole and prior convictions were within range and justified, but the sentencing Judge failed adequately to reflect totality given the appellant would serve a further nine months on recall; accordingly the sentence on the lead receiving charge was reduced from 16 to 13 months cumulative on the existing sentence to avoid double punishment while upholding that cumulative approach for independent offending.
5 Apr 2017

A (CA8/2017) v R [2017] NZCA 109

Citation

[2017] NZCA 109
Court

Court of Appeal

The sentencing judge's decision to impose an 18‑month imprisonment sentence was within discretion: the judge lawfully weighed aggravating factors—victim vulnerability, breach of trust, offending in the home, prior sexual offending, breaches of court orders including offending while on parole—and probative probation concerns about risk and limited remorse; any overstatement about the generality of imprisonment did not produce a material error requiring quashing of sentence.
17 Jun 2016

R v OTTLEY [2016] NZHC 1324

Citation

[2016] NZHC 1324
Court

High Court

Judge set a holistic starting point for combined sexual offending at the top of Band 3/bottom of Band 4 (~16 years), uplifted 2 years for other violent offending and 1 year for prior similar offending, imposed cumulative 1.5 years for attempting to pervert the course of justice, yielding a finite global sentence of 20 years 6 months with a minimum period of imprisonment of 10 years, and declined preventive detention after weighing s87(4) factors and concluding a lengthy determinate sentence provided adequate protection.
27 Apr 2016

HENRY v NEW ZEALAND POLICE [2016] NZHC 800

Citation

[2016] NZHC 800
Court

High Court

Although the District Court adopted an unorthodox method by fixing a single starting point for all shoplifting charges, the end sentence of nine months imprisonment was within range, the judge applied s84/s85 considerations including a totality reduction for overlapping earlier sentences and bail time, and there was no error warranting interference; appeal dismissed.
18 Apr 2016

BARTLETT v POLICE [2016] NZHC 746

Citation

[2016] NZHC 746
Court

High Court

The sentencing judge's application of starting points, uplift for aggravating features (including prior dishonesty and offending on parole) and a 20% discount for an early guilty plea was a careful, lawful exercise of discretion and the resulting sentence was not manifestly excessive.