New Zealand Case Law: Decisions & Judgments

4 Apr 2023

349ac7d5-bcf8-427b-9036-c724a23148ec.pdf

Citation: openlaw-f4640eb1_8018_4d30_a0b3_9f5f0d8ffe4f.pdf
Court: High Court

Starting point fixed by reference to Zhang banding: offending placed in band five (low end 10 years) but reduced to bottom of band four (8 years) due to defendant's lesser role; 10% reduction applied for conspiracy to reach 7 years 2 months; uplift of eight months for participation in organised criminal group produced a starting point of 7 years 10 months; discounts applied for mental illness (20%), addiction (15%) and guilty plea (22.5%) totaling 57.5% reduction produced final head sentence of 41 months (3 years 5 months). Other counts (conspiracy to supply cannabis 18 months; offering/posse…

BRIAN PAUL TAYLOR v R [2018] NZCA 444

Citation

[2018] NZCA 444

Court

Court of Appeal

Extension of time granted; the Court upheld the starting point and the uplift for in‑prison drug offending as within range but held the District Court erred by applying an insufficient totality discount such that the cumulative sentence was crushing; substituted a reduced cumulative sentence of four years and one month imprisonment.