New Zealand Case Law: Decisions & Judgments

Topic

Good character credit

Legal area

Court

30 Nov 2023

B (CA527/2023) v R [2023] NZCA 606

Citation

[2023] NZCA 606
Court

Court of Appeal

The Court held the starting point adopted was within the available discretion under R v AM but the sentencing Judge erred by refusing any credit for the appellant's substantially unblemished long-term good character; allowing a 10% credit and retaining other discounts yields an amended sentence of three years and six months' imprisonment; suppression orders were appropriate under the Criminal Procedure Act 2011.
20 Oct 2023

N v R [2023] NZHC 2945

Citation

[2023] NZHC 2945
Court

High Court

The Court held the starting point of 3.5 years was within the permissible range given one count involved force and digital penetration and the other involved repeated intrusive sexual offending over six occasions; the Judge's discounts (10% guilty plea, 15% previous good character, 10% age/ill health; total 35%) were properly assessed and within the available range; no credit was given for $5,000 reparation because appellant denied responsibility and displayed no genuine remorse; appeal dismissed and sentence of two years three months imprisonment upheld.
27 Jul 2021

SHERRATT v R [2021] NZHC 1901

Citation

[2021] NZHC 1901
Court

High Court

Given the significant emotional harm, breach of trust and two separate incidents of offending, the District Court's starting point of 4.5 years was within range; the reductions for guilty plea, remorse and good character were appropriate and not an improper double count; the overall end sentence of two and a half years imprisonment with $5,000 reparation was not manifestly excessive and the appeal is dismissed.

New Zealand Case Law

B (CA527/2023) v R [2023] NZCA 606

N v R [2023] NZHC 2945

SHERRATT v R [2021] NZHC 1901