New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Historic offending

  • 7 Dec 2018

    R v HOGBEN [2018] NZHC 3220

    Citation
    [2018] NZHC 3220
    Court
    High Court

    Having assessed aggravating factors (planning, violence, vulnerability, harm and scale) and applied R v AM banding, the Court concluded the 1998 offending sat at the upper end of band 2 warranting a 12 year starting point; uplift for the related 1999 offence to 14 years for combined offending, then deducting credit for the seven year sentence already served (and limited guilty plea credit already applied in 1999) produced a six year finite sentence for the 1998 offending. Preventive detention was not imposed and a minimum period under s86 was not imposed given elapsed history, extended superv…

  • 2 May 2018

    DENNIS v NEW ZEALAND POLICE [2018] NZHC 886

    Citation
    [2018] NZHC 886
    Court
    High Court

    The High Court dismissed the appeal because the sentencing Judge's conclusion that imprisonment (22 months) rather than home detention was required was open on the facts: the offending demonstrated an unbroken, escalating propensity to serious domestic violence including strangulation and highly degrading conduct, and the need for denunciation and general deterrence to address repeated serious domestic violence could not be met by home detention despite consideration of rehabilitation and other factors.

  • 1 Mar 2016

    MAYO v R [2016] NZCA 34

    Citation
    [2016] NZCA 34
    Court
    Court of Appeal

    The Court held the starting point adopted by the judge was within the available range given multiple victims, repeated and manipulative offending, breach of trust, victim vulnerability and prolonged duration; a six month discount for the long intervening clean period was appropriate; consequently the end sentence of two years and three months imprisonment was not manifestly excessive and the appeal must be dismissed.