New Zealand Case Law: Decisions & Judgments

Topic

Breach of prison release conditions

Legal area

Court

10 Dec 2021

R v ANDERSON [2021] NZHC 3396

Citation

[2021] NZHC 3396
Court

High Court

Preventive detention was not imposed despite a high assessed risk and serious prior sexual offending because a finite global sentence (indecent assault 28.5 months with a 19-month minimum, plus cumulative and concurrent terms for related breaches totalling 36.5 months) combined with parole/three-strikes effects, prison-based treatment opportunities, potential extended supervision and child sex offender registration provided adequate protection and opportunity for rehabilitation; the appropriate starting point and uplifts were set after considering aggravating features, prior offending and gui…
18 Aug 2021

WALKER v NEW ZEALAND POLICE [2021] NZHC 2149

Citation

[2021] NZHC 2149
Court

High Court

The starting point of more than three months for the breach of prison release conditions was excessive given the single breach and prior compliance, and an additional uplift for previous convictions double‑counted factors already reflected in the offence assessment; the appropriate global sentence before mitigation was nine months and, after applying a 25% guilty plea discount, the correct end sentence is six months three weeks on the lead charge, so the appeal is allowed and the ten‑month sentence is quashed and substituted accordingly.
15 Jul 2020

RIDDLE v NEW ZEALAND POLICE [2020] NZHC 1706

Citation

[2020] NZHC 1706
Court

High Court

The Court held the original cumulative starting points and uplift produced a manifestly excessive sentence; it reduced cumulative starting points, upheld a constrained uplift as justified by recent release and risk to public safety, quashed and substituted the sentences for the breach of release conditions to concurrent terms of seven and a half months and fixed the final aggregate sentence at ten months and two weeks.
9 Oct 2018

R v CAMERON [2018] NZHC 2046

Citation

[2018] NZHC 2046
Court

High Court

Apply Mako factors and comparable authorities to set a starting point of seven years for a two‑person, night time commercial robbery using disguises, a firearm (unproven loaded) and detention/tight bindings of five staff with substantial property theft; do not uplift for minor driving/drug/breach charges because of totality and the second‑strike parole consequence; previous aggravated robbery acknowledged but no additional uplift imposed because of the disproportionate severity that would result from further loss of parole and risk of institutionalisation; grant combined mitigation of nine mo…
1 Oct 2018

SPEMANN v DEPARTMENT OF CORRECTIONS [2018] NZHC 2576

Citation

[2018] NZHC 2576
Court

High Court

The appellate court held there was no error of law: the sentencing Judge had regard to s 46 and properly exercised discretion to impose 12 months supervision to manage the clear and continued risk of drink-driving; the sentence was within statutory limits and not manifestly excessive.

New Zealand Case Law

R v ANDERSON [2021] NZHC 3396

WALKER v NEW ZEALAND POLICE [2021] NZHC 2149

RIDDLE v NEW ZEALAND POLICE [2020] NZHC 1706

R v CAMERON [2018] NZHC 2046

SPEMANN v DEPARTMENT OF CORRECTIONS [2018] NZHC 2576