New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Em bail

  • 4 May 2022

    R v OHLSON [2022] NZHC 921

    Citation
    [2022] NZHC 921
    Court
    High Court

    Adopted a starting point of 3 years 6 months' imprisonment reflecting the defendant's role in initiating the victim's detention; reduced that starting point by three months from the earlier indication to account for agreed factual amendments; applied a 25% discount for personal background and rehabilitation prospects and a 15% discount for the late guilty plea (reduced because the defendant declined an earlier 20% indicated discount), then deducted two months for time on restrictive EM bail, resulting in an end sentence of 23 months' imprisonment served concurrently with leave to apply for ho…

  • 1 Dec 2021

    CURRY v R [2021] NZHC 3277

    Citation
    [2021] NZHC 3277
    Court
    High Court

    The High Court held the aggregate sentence was not manifestly excessive nor based on an error of principle because the three-year custodial starting point was appropriate for commercial drug dealing, the discounts given (25% guilty plea, 20% cultural, 5% bail) were generous, the appellant was not subject to EM bail so statutory credit rules did not apply, and home detention was a permissible least restrictive outcome given rehabilitative prospects.

  • 9 Nov 2021

    MCINDOE v R [2021] NZHC 3023

    Citation
    [2021] NZHC 3023
    Court
    High Court

    The High Court found the District Court's 36‑month starting point for the burglary was within range given aggravating features (masked entry, jumping the counter, confrontation, high value of goods and planning), but the District Court erred in failing to allow discounts: 25% for guilty plea, 15% for addiction and rehabilitative engagement, and reduction for four months on EM bail; after those deductions and a modest uplift for prior offending the appropriate total sentence was 22 months imprisonment which the Court converted to 11 months home detention given it was a short term eligible for…

  • 3 Feb 2021

    R v CARDEN-SOOLE [2021] NZHC 65

    Citation
    [2021] NZHC 65
    Court
    High Court

    Starting point of four years eight months' imprisonment for manslaughter was adopted; a 25% reduction for early guilty plea and a further 17.5% reduction for youth, remorse and seven months on EM bail produced an end sentence of two years eight months' imprisonment; concurrent six months for unlawful possession of a firearm; order for destruction of the firearm.

  • 9 Aug 2019

    R v NEPIA [2019] NZHC 1932

    Citation
    [2019] NZHC 1932
    Court
    High Court

    Starting from a 3.5 year (42 month) tariff for one-punch manslaughter, the Judge allowed a 35% reduction for personal mitigation (cultural background, remorse, restorative justice, youth and rehabilitation prospects), a four month credit for restrictive EM bail, and a 25% guilty plea discount, reducing the effective imprisonment to about 17 months; applying the principle of the least restrictive appropriate sentence the Court converted the outcome to eight months' home detention as the final sentence.