New Zealand Case Law: Decisions & Judgments

Topic

Credit for time on bail

Legal area

Court

18 Jul 2022

R v WILLIAMS [2022] NZHC 1712

Citation

[2022] NZHC 1712
Court

High Court

Defendant's offending involved at least 463.15g methamphetamine and a significant operational role within an organised commercial distribution network, placing her in Zhang band three; starting point fixed at nine years two months, reduced by 25% for guilty pleas and a 17% discount for cultural and personal mitigation (total 42%), with credit for 17 months EM bail (treated as eight months reduction), producing a final term of imprisonment of four years eight months; no uplift for prior convictions and no minimum period imposed.
17 Nov 2020

STEEL v R [2020] NZHC 3028

Citation

[2020] NZHC 3028
Court

High Court

The appeal was allowed in part: while a two-year disqualification was an appropriate starting point given the sustained dangerous driving and prior driving history, the appellant was entitled to a modest discount for time spent on bail during which he was prohibited from driving; the judge reduced the disqualification by five months to one year and seven months (19 months) because full bail credit was not warranted given the appellant's risk and limited rehabilitative prospects.
30 Aug 2018

R v BIDDLE [2018] NZHC 2264

Citation

[2018] NZHC 2264
Court

High Court

The appropriate starting point was set by reference to comparable cases (3 years 3 months); no uplift was applied for historic prior convictions which were offset against any remorse credit (which was not granted); a discretionary reduction of five months was allowed for 13 months on restrictive electronic monitoring bail; concurrent sentences of 2 years 10 months for participation and 9 months for rioting were imposed producing an effective sentence of 2 years 10 months imprisonment.

New Zealand Case Law

R v WILLIAMS [2022] NZHC 1712

STEEL v R [2020] NZHC 3028

R v BIDDLE [2018] NZHC 2264