New Zealand Case Law: Decisions & Judgments

Topic

Disputed facts hearing

Legal area

Court

31 Jul 2023

ZAGROS v R [2023] NZCA 334

Citation

[2023] NZCA 334
Court

Court of Appeal

The Court held the sentencing judge did not err in declining a disputed facts hearing because the agreed summary of facts governed and inferences could properly be drawn from it; the appellant's role was at the upper end of the significant category and, when combined with the total quantity (imported and attempted), justified a 15 year starting point for the methamphetamine offending (15 years adopted as within range); a 10% guilty plea discount was appropriate given the timing of the plea; the s 27 material did not establish a causative contribution to the commercial drug offending and there…
19 Jun 2023

WRIGHT v R [2023] NZCA 249

Citation

[2023] NZCA 249
Court

Court of Appeal

The Judge's factual findings were supported by a broad body of intercepted communications, text-message analysis and visual surveillance demonstrating regular retail sales consistent with 2.4 kg over eight-and-a-half months, the appellant exercised operational autonomy amounting to a leading role justifying an upward placement within Zhang band 5 and a 15-year starting point, the 10% guilty plea discount and refusal to allow addiction or rehabilitation discounts were justified on the evidence and sentencing principles, therefore the Court of Appeal dismissed the appeal and upheld the 13-year…
15 Dec 2022

BOYD v Taranaki REGIONAL COUNCIL [2022] NZHC 3451

Citation

[2022] NZHC 3451
Court

High Court

The High Court found no error in the judge's assessment of the evidence; the judge was entitled to prefer and place significant weight on the Council's expert reports concluding Diversion 2 caused significant, cumulative and long‑lasting environmental and cultural harm; groundwater contribution did not negate the presence of aquatic life once it entered the stream; accordingly the District Court sentence was not excessive and was upheld.
3 Nov 2022

R v ZAGROS [2022] NZHC 2874

Citation

[2022] NZHC 2874
Court

High Court

Applying Zhang, quantity (3.67kg imported, 4.33kg attempted) placed offending in band five, but role assessment required finding defendant occupied a leading role (or high end of significant). Court fixed a 13-year starting point for the importation offences, uplifted by 2 years for attempted importations (total starting point 15 years), plus 1 year for MDMA supply and 1 year for money laundering to reach a 17-year aggregate starting point. The court then applied a 10% guilty plea discount (21 months) and adjusted for offending while on parole (credit/adjustment equivalent to nine months), pr…
20 Sept 2022

HAMMON-HENRY v R [2022] NZCA 446

Citation

[2022] NZCA 446
Court

Court of Appeal

Extension of time granted due to credible COVID-related communication difficulties; on merits there was no error in sentencing: appellant received generous overall discounts, the reparation offer did not justify additional reduction because equivalent credit was already applied, the s27 material did not establish a causal nexus to reduce culpability, and the guilty plea credit awarded was appropriate given the unsuccessful and partially unmeritorious disputed facts hearing.
11 Apr 2022

KENNY LESLIE MCMILLAN v R [2022] NZCA 128

Citation

(2022) 30 CRNZ 245
Court

Court of Appeal

The Court upheld findings on quantity and roles where supported by evidence and credible adverse credibility findings (McMillan), dismissed McMillan and Taui sentence appeals, and allowed the Crown appeal in Philip: a sentencing judge may take additional information into account after an accepted sentence indication under s116 CPA but must afford adequate notice and address disputed facts under s24(2)(a); on reassessment Philip's starting point and discounts were manifestly too low so home detention was quashed and substituted with imprisonment of two years eleven months.
14 Dec 2021

WESTALL v R [2021] NZHC 3440

Citation

[2021] NZHC 3440
Court

High Court

The High Court held the sentencing Judge erred in requiring a direct causal link between background (s27) factors and offending but did not err in the quantum of discounts awarded overall; reduction of the guilty plea discount from 20% to 15% was justified by an unreasonable disputed facts hearing stance; the end sentence of two years six months' imprisonment was within range and not manifestly excessive, so the appeal is dismissed.
10 Dec 2021

R v MAA [2021] NZHC 3367

Citation

[2021] NZHC 3367
Court

High Court

The Crown did not prove intention to kill beyond reasonable doubt; although the attack was brutal and callous, the facts narrowly fell short of the high legislative threshold in s 104(1)(e) for imposing a mandatory 17 year MPI. Taking a 16 year starting MPI and allowing a one year discount for late guilty plea and six months for personal mitigation (dislocation, age, health), the appropriate minimum period of imprisonment is 14.5 years; impose life imprisonment with MPI 14.5 years.
3 Sept 2021

RICKUS v R [2021] NZCA 435

Citation

[2021] NZCA 435
Court

Court of Appeal

The extension of time was refused because the substantial delay lacked a compelling explanation, the proposed grounds of appeal had little merit: the sentence indication was properly provided on an agreed summary of facts signed by the defendant who accepted its benefits and could have sought a disputed facts hearing or rejected the indication, and the eventual sentence was within permissible range and not manifestly excessive.
4 Aug 2021

R v McMILLAN [2021] NZHC 1993

Citation

[2021] NZHC 1993
Court

High Court

On the totality of admissible and reliable evidence (CCTV, Auror records, telecommunications, vehicle use, seized two kilograms in Tiida, guilty pleas by associates and the defendant's lack of credibility) the Crown proved beyond reasonable doubt that the defendant received shipments on seven Auckland trips and that at least one kilogram was involved in each trip, resulting in seven kilograms for charge 7; combining admitted and proven quantities for all charges yields a total of 10.37 kilograms for sentencing purposes.