New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Electronic monitoring bail discount

Legal area

Court

21 Nov 2017

Gibb v R [2017] NZCA 532

Citation

[2017] NZCA 532
Court

Court of Appeal

The Court held the aggregate starting point of 30 months (18 months for burglary uplifted for breach of protection order and prior related offending) and the resulting end sentence of two years and three months was within the available range, not manifestly excessive, and any omission to discount for five months of electronic monitoring did not render the sentence unreasonable given the generous uplift for culpability.
27 Jul 2017

WHITE v R [2017] NZCA 322

Citation

[2017] NZCA 322
Court

Court of Appeal

The Court held the trial judge did not err in admitting and putting to the jury the prior statements of hostile witnesses or in his directions and procedural handling, that no mistrial was required, that party liability and claim of right directions were adequate when read as a whole, and that the sentence and EM bail discount were within the judge's available discretion; accordingly the convictions and sentence appeals were dismissed except as to time extensions noted.