New Zealand Case Law: Decisions & Judgments

Topic

Home detention leave

Legal area

Court

21 Jul 2023

WILLIAMS v NEW ZEALAND POLICE [2023] NZHC 1935

Citation

[2023] NZHC 1935
Court

High Court

The uplift for previous convictions was justified because the prior offending and breach of parole indicated a predilection to offend in a similar way and a need for deterrence and protection; the sentencing Judge's starting point and uplift were proportionate; home detention was inappropriate given prior breaches, risk assessment by Corrections, and unsuitability of proposed addresses; therefore the eight-month imprisonment sentence was within the available range and not manifestly excessive and the appeal is dismissed.
18 Feb 2022

BISHOP-LISTER v NEW ZEALAND POLICE [2022] NZHC 216

Citation

[2022] NZHC 216
Court

High Court

The High Court reduced the starting point for the driving-while-disqualified offences to 12 months (8 and 4 months), uplifted by 3 months for breaches of community-based sentences, applied the same discount proportionally (resulting in a five-month discount against the new starting point) and substituted a final sentence of 10 months' imprisonment; the Court held the aggregate driving disqualification as imposed was excessive, ordered a total disqualification of 18 months (concurrent for the two DWDS offences, cumulative for the failing-to-stop offence), and granted leave to apply for home de…
24 Nov 2021

BITOSSI v THE CROWN [2021] NZHC 3173

Citation

[2021] NZHC 3173
Court

High Court

The appeal is dismissed: although the Judge erred in calculating the recall-period credit (recall began from the interim recall order) that error was effectively offset by the Judge's incorrect application of uplift for prior convictions at the starting point; sentencing remained within an appropriate range and is not excessive. Leave to apply for home detention was not available because the offender was serving a recalled sentence and statutory provisions precluded substituting home detention for imprisonment in those circumstances.
9 Apr 2019

BIGHAM-HILL v R [2019] NZHC 753

Citation

[2019] NZHC 753
Court

High Court

The High Court held the 18 month sentence was not manifestly excessive: the offending (strangulation-type conduct plus blows) was near the most serious male assaults female and justified an initial starting point at or near the maximum (24 months) with uplift for prior violent history; a 25% discount for guilty plea was correctly applied and other personal mitigators did not warrant further reduction; leave to apply for home detention was properly declined due to lack of suitable address and prior breaches of release conditions indicating non-compliance risk; the release condition requiring P…
26 Oct 2017

PARKINSON v THE QUEEN [2017] NZHC 2623

Citation

[2017] NZHC 2623
Court

High Court

Leave to appeal out of time granted. The starting point for the cannabis offending was reduced to reflect parity with the co-offender and appropriate sentencing ranges (adjusted from 30 to 27 months); the firearms uplift was nonetheless justified by the number of weapons, ammunition and clear link to the drug operation, so no change to that component. After applying totality and the agreed discounts for assistance and guilty plea the end sentence warranted by the aggregate facts is 22 months' imprisonment. The District Court did not err in refusing leave to apply for home detention.

New Zealand Case Law

WILLIAMS v NEW ZEALAND POLICE [2023] NZHC 1935

BISHOP-LISTER v NEW ZEALAND POLICE [2022] NZHC 216

BITOSSI v THE CROWN [2021] NZHC 3173

BIGHAM-HILL v R [2019] NZHC 753

PARKINSON v THE QUEEN [2017] NZHC 2623