New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Drug addiction as mitigation

Legal area

Court

27 Mar 2023

R v MESI TEO [2023] NZHC 700

Citation

[2023] NZHC 700
Court

High Court

The Court fixed a starting point of four years and ten months' imprisonment based on the facts of fright-response manslaughter and comparable authorities, applied a five month uplift for prolific prior convictions and offending while on release conditions, applied a ten percent total discount (5% for personal background factors and 5% for methamphetamine addiction), refused a remorse discount due to persistent denial of responsibility, resulting in a final sentence of 57 months (4 years 9 months) imprisonment; imposed a four year driving disqualification and remitted fines and outstanding com…
7 Sept 2022

OFISA v R [2022] NZHC 2267

Citation

[2022] NZHC 2267
Court

High Court

There was insufficient evidence to establish a causal link between the appellant's methamphetamine use and the aggravated burglary; the sentencing judge did not err in the quantum of discounts applied (20% for guilty plea and 15% for s27 mitigation); any lack of a full 25% plea discount was balanced by the absence of an uplift for relevant prior burglary convictions; the overall sentence of three years three months was not manifestly excessive; appeal dismissed.