New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Comparative culpability

Legal area

Court

12 Mar 2010

RHODES V R SC 1/2010

Citation

SC 1/2010
Court

Supreme Court

The application for leave to appeal was dismissed because the Court agreed with the Court of Appeal that the applicant's conduct was serious enough to merit life imprisonment; therefore an argument premised on other offenders having been worse did not show any error warranting leave.
10 Jul 2009

SOLICITOR-GENERAL OF NEW ZEALAND V SPIJKERBOSCH HC ROT CIV 2007-463-999

Citation

openlaw-f902347c_9650_463a_b59c_8f37ace84c07.pdf
Court

High Court

Property was tainted by serious drug offending and forfeiture justified, but total forfeiture would be grossly disproportionate given the respondent's lesser culpability and mitigating circumstances; a partial forfeiture of 40% of the net value (using a nominal $190,000 less $90,000 mortgage) ordered; $5000 cash found to be proceeds of offending and forfeited under s32(3) Misuse of Drugs Act 1975.