New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Controlled drugs

Legal area

Court

30 Nov 2021

MCGIRR v R [2021] NZCA 635

Citation

[2021] NZCA 635
Court

Court of Appeal

No miscarriage of justice occurred: a question trail focused on hindering an inevitable police investigation was appropriate in the circumstances, the jury could reasonably infer that intending to hinder the investigation implied intending to pervert any consequent prosecution, and the omission to phrase questions solely in terms of prospective judicial proceedings was not material.
29 Mar 2018

R v McKINLEY & ORS [2018] NZHC 601

Citation

[2018] NZHC 601
Court

High Court

Because defendants lacked strong evidence of actual knowledge, starting points were reduced to reflect recklessness per Cameron; further reductions were warranted for undue delay and prolonged bail; guilty plea discounts were applied (25%); additional mitigation reductions were justified by demonstrated remorse, rehabilitation and personal circumstances, resulting in home detention or community detention rather than full immediate imprisonment for each defendant.