New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dangerousness assessment

Legal area

Court

15 Feb 2019

R v SANDERS [2019] NZHC 164

Citation

[2019] NZHC 164
Court

High Court

Impose the mandatory maximum sentence of 14 years for the third‑strike wounding offence but conclude it would be manifestly unjust to deny parole for the entire maximum term; therefore impose a minimum period of imprisonment equal to 50% (7 years) making defendant eligible for parole after seven years; impose 12 months for the assault charge and order all sentences to be concurrent and concurrent with the sentence already being served.
9 Feb 2018

R v TARAPATA [2018] NZHC 85

Citation

[2018] NZHC 85
Court

High Court

Given the serious, unprovoked double homicide, the defendant's diagnosis of treatment‑resistant schizophrenia with persistent psychotic symptoms, substance abuse risk, lack of insight, history of ceased treatment and weapons use while psychotic, and unanimous forensic psychiatric opinion that only secure forensic rehabilitation under a special patient regime would mitigate the risk, it was necessary in the interests of the public to order detention as a special patient under s 24(2)(a) CP (MIP) Act.