New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Discharge without conviction s106 sentencing act 2002

  • 10 Aug 2023

    SINGH v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2023] NZHC 2139

    Citation
    [2023] NZHC 2139
    Court
    High Court

    The High Court found no material error in the District Court's assessment: the appellant's repeated, deliberate and premeditated provision of false information over several years carried moderate to serious gravity; religious influence mitigated culpability only to a limited extent because the appellant retained agency and leadership roles; the adverse effects relied upon flow from the dishonest conduct rather than from the mere fact of a conviction; consequently the s107 threshold was not met and the refusal of discharge under s106 was correct; appeal dismissed.

    • Discharge without conviction s106 sentencing act 2002
    • Disproportionality test s107 sentencing act 2002
    • Providing false or misleading information to immigration officer s342 immigration act 2009
    • Admission and assessment of fresh evidence on appeal
    • Religious influence/mitigation vs culpability

  • 27 Jan 2023

    ROBERT TELFORD v AUCKLAND COUNCIL [2023] NZHC 31

    Citation
    [2023] NZHC 31
    Court
    High Court

    A conviction of the dog's owner is a precondition to making a destruction order under s57(3) Dog Control Act 1996; however the court retains a residual discretion under s106(3)(c) Sentencing Act 2002 to order destruction after granting a discharge without conviction where the destruction order would have been mandatory on conviction, and on the facts the High Court declined to exercise that discretion and quashed the District Court destruction order.

    • Dog control act s57 and s58
    • Discharge without conviction s106 sentencing act 2002
    • Destruction orders
    • Exceptional circumstances test