New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Em bail breach

Legal area

Court

19 Oct 2021

BROWN v POLICE [2021] NZHC 2801

Citation

[2021] NZHC 2801
Court

High Court

The District Court sentence of six months was manifestly excessive because the starting point for possession was set too high notwithstanding statutory alternatives; after reassessing starting points (three months for unlawful entry, one month uplift for prior record to total four months) and applying discrete discounts for s 27 material (5%), addiction (10%) and guilty plea (25%) while refusing an EM bail discount, the appropriate substituted sentences are two months and two weeks for unlawful entry and one month for possession to be served concurrently.
29 Apr 2021

HARRIS v R [2021] NZCA 143

Citation

[2021] NZCA 143
Court

Court of Appeal

The Court held the District Court's combined starting point was excessive. It determined the appropriate starting point for the 2019 manufacturing charge was three years (not the higher figure adopted), upheld a six‑month uplift for the pistol and a four‑year starting point (with six‑month uplift) for the 2017 offending, giving a combined starting point of eight years before totality; applying a two‑year totality reduction (25%) produced a six‑year adjusted starting point, from which a 30% overall discount for mitigation and guilty pleas reduced the term to four years and two months, and afte…