New Zealand Case Law

26 May 2020

MALAPAKA v NEW ZEALAND POLICE [2020] NZHC 1121

Citation

[2020] NZHC 1121

Court

High Court

The High Court upheld the District Court's refusal to discharge without conviction because the offending was at the lower end of moderate to serious and the likely consequences of conviction (including a real risk of deportation and impaired employment prospects) were not out of all proportion to that gravity, so the statutory threshold for discharge under s106/s107 was not met.

• Discharge without conviction (s106 sentencing act 2002)
• Proportionality test (s107 sentencing act 2002)
• Deportation and immigration consequences
• Breach of trust in employment
• Mitigating and aggravating factors in sentencing
• Consideration of covid-19 in immigration context