New Zealand Case Law: Decisions & Judgments

Topic

Discount for personal circumstances

Legal area

Court

21 Nov 2023

CARROLL v POLICE [2023] NZHC 3293

Citation

[2023] NZHC 3293
Court

High Court

The High Court held the District Court did not err: the starting point of 2.5 years for the 9 August offending plus an 18 month uplift for subsequent protection order breaches resulting in a global starting point of four years was within the available range; given the aggravating factors and recent related offending, any discount for personal circumstances was properly limited and the imposed sentence of three years and four months was not manifestly excessive, so the appeal is dismissed.
10 Mar 2023

B (CA757/2021) v R [2023] NZCA 52

Citation

[2023] NZCA 52
Court

Court of Appeal

The judge correctly limited discount for background because causative contribution was not established and the offending was particularly serious; the judge erred in applying the articulated percentage discounts to the plea‑adjusted sentence rather than the starting point under Moses, producing a sentence three months greater than intended — the Court corrects the calculation and substitutes a sentence of 10 years 5 months with an MPI of 5 years 2 months.
14 Feb 2022

HOUKAMAU v POLICE [2022] NZHC 152

Citation

[2022] NZHC 152
Court

High Court

The Court held the 12 month starting point was within range given the premeditated and relatively sophisticated targeting of a vulnerable elderly victim and the single transfer of $2,100; an uplift for extensive prior dishonesty convictions and offending while on sentence was appropriate though at the high end; the cultural report and mental health issues warranted a larger discount than 10 per cent but not as high as 25 per cent, resulting in substitution of the 11 month sentence with nine and a half months' imprisonment.
15 Dec 2020

TE HUIA v R [2020] NZCA 647

Citation

[2020] NZCA 647
Court

Court of Appeal

The Court held the seven year starting point for the dishonesty offending was within range and the judge's allowance of a 10% discount for personal circumstances was not an error; therefore the sentence of five years and nine months with a 50% minimum was not manifestly excessive and the appeal was dismissed.

New Zealand Case Law

CARROLL v POLICE [2023] NZHC 3293

B (CA757/2021) v R [2023] NZCA 52

HOUKAMAU v POLICE [2022] NZHC 152

TE HUIA v R [2020] NZCA 647