New Zealand Case Law: Decisions & Judgments

Topic

Intentional damage

Legal area

Court

4 Aug 2023

KOHU v R [2023] NZCA 343

Citation

[2023] NZCA 343
Court

Court of Appeal

The Court upheld the sentencing Judge's exercise of discretion: a 15% discount for cultural factors was appropriate given the s 27 material and binding authority; no separate remorse discount was warranted because the appellant repeatedly denied the factual basis of his guilty pleas and the restorative justice engagement proceeded on an alternative narrative, so genuine remorse for the charged offending was not established; the resulting sentence was within the proper range and not manifestly excessive, so the appeal is dismissed.
4 Jul 2023

WHITE v R [2023] NZHC 1706

Citation

[2023] NZHC 1706
Court

High Court

The High Court found no error in the District Court's approach: use of Nuku as guidance for starting point was permissible, the uplifts for related offending and prior convictions were justified, and the combined adjustments including a 15% guilty plea discount produced a final 28‑month sentence that was within the available range and not manifestly excessive; appeal dismissed.
9 Dec 2022

R v TE POU [2022] NZHC 3320

Citation

[2022] NZHC 3320
Court

High Court

Judge determined a standalone starting point of six years two months (4 years 6 months for aggravated robbery uplifted 18 months for kidnapping and two months for intentional damage), applied mitigating discounts (15% for dire background and 10% for guilty pleas) producing a standalone sentence of five years one month; applying the totality principle given the defendant was already serving five years one month, the court imposed a sentence on the current charges of three years' imprisonment (aggravated robbery and kidnapping) and one year for intentional damage to run concurrently with each o…
8 Dec 2022

R v WILLIAMS [2022] NZHC 3298

Citation

[2022] NZHC 3298
Court

High Court

Because Mr Williams played a lesser but strategically important role in gang-coordinated firearms and burglary offending, parity with co-offenders produced a five-year starting point; applying discounts of 25% for guilty plea, 20% for youth and 15% for deprived background reduced the sentence to two years, and that short-term custodial sentence was appropriately and lawfully substituted with 12 months' home detention as the least restrictive adequate punishment and to promote rehabilitation.
8 Nov 2022

R v CASSIDY [2022] NZHC 2918

Citation

[2022] NZHC 2918
Court

High Court

For coordinated daytime gang firearms offending causing significant terror and property damage the appropriate approach is to set a starting point aligned with the lead offender, uplift for participation in an organised criminal group and for aggravated burglary, then apply discounts for timely guilty pleas and quantified personal mitigation (including background disadvantage) and adjust for totality and existing sentences; prior similar violent offending justifies additional uplift for public protection. The sentencing indication previously given bound the court absent materially new informa…
27 Oct 2022

R v NELSON-BELL [2022] NZHC 2796

Citation

[2022] NZHC 2796
Court

High Court

Applying parity with the principal offender and assessing the defendant's lesser role, the Court adopted an 8-year starting point for total offending then applied a full 25% guilty plea discount and further discounts for youth (25%) and disadvantaged background (25%) to reach a two-year custodial equivalent, which the Court substituted with the least restrictive appropriate outcome of active rehabilitation via one year's home detention given the defendant's age, background and progress at Grace Foundation.
13 Oct 2022

R v MOSES [2022] NZHC 2627

Citation

[2022] NZHC 2627
Court

High Court

The Crown proved beyond reasonable doubt that both defendants knowingly joined and assisted a common unlawful purpose to discharge firearms at properties associated with a rival gang; they were parties under s66(1)(b) and s66(2) and therefore guilty of intentional damage at Otara Road, Capstick Road and Pearl Baker Drive and guilty of participation in an organised criminal group under s98A; insufficient evidence linked them to the Blampied Road aggravated burglary so acquitted on that charge.
5 Aug 2022

WIKI v R [2022] NZCA 360

Citation

[2022] NZCA 360
Court

Court of Appeal

The Court allowed the appeal, holding the District Court had sentenced the appellant from a three‑year starting point and that the High Court erred in treating the starting point as three years six months and in applying an undue uplift; the correct notional starting point including a modest uplift for intentional damage was no more than three years, appropriate discounts (including a four‑month credit for restrictive bail) produced an end sentence of one year and seven months' imprisonment, and the concurrent damage sentence was reduced to three months concurrent.
5 Jul 2022

R v CRAWFORD [2022] NZHC 1588

Citation

[2022] NZHC 1588
Court

High Court

The lead offending comprised three daylight drive‑by shootings of significant planning and public risk; a starting point of six years' imprisonment applied to the intentional damage charges in which the defendant directly participated. Uplifts were appropriate: +2 years for participation in an organised criminal group, +2 years for the remaining intentional damage/aggravated burglary for which the defendant played an organising/party role, and +0.5 year for separate firearms/ammunition possession occurring on later dates, producing an adjusted starting point of 10 years 6 months. Personal fac…
10 May 2022

R v KAIORA TE POU [2022] NZHC 1004

Citation

[2022] NZHC 1004
Court

High Court

Adopted a 10 month starting point for combined offending, uplifted by four months to 14 months for significant prior weapons-related convictions; applied a 10% discount for guilty plea, denied any discount for time on EM bail because of breaches, allowed a 10% discount for demonstrated rehabilitation/remorse and a 15% discount for personal and cultural background (total discounts 35%), resulting in a final sentence of nine months' imprisonment to be served concurrently with release subject to standard conditions plus an additional drug-testing condition.