New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Drug rehabilitation

Legal area

Court

8 Nov 2018

KHAN v DEPARTMENT OF CORRECTIONS [2018] NZHC 2897

Citation

[2018] NZHC 2897
Court

High Court

Leave to apply for home detention does not extinguish judicial discretion to refuse substitution; where leave was expressly conditioned on access to residential rehabilitation the sentencing judge legitimately refused substitution when the applicant sought home detention at his father's address which did not meet that condition, consistent with s80I and the discretionary 'may' in s80K(4).
10 Aug 2016

PURAN v NEW ZEALAND POLICE [2016] NZHC 1853

Citation

[2016] NZHC 1853
Court

High Court

On re-assessment the High Court identified an appropriate global starting point of 24 months (20 months for lead driving offence plus two 2-month uplifts), applied a modest youth discount (five percent, one month) and full credit for plea to reach an effective sentence of 17 months; the imposed 18 months was not manifestly excessive. The Judge also did not err in declining home detention given seriousness, repeated offending while subject to community sentences, lack of remorse and outstanding charges, so the appeal is dismissed.