New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Intentional damage to property

Legal area

Court

24 Nov 2022

R v MOSES & COOPER [2022] NZHC 3089

Citation

[2022] NZHC 3089
Court

High Court

Court selected the charge of participating in an organised criminal group as the lead offence and fixed a global starting point of six years six months imprisonment to reflect organised, premeditated gang offending involving firearms; applied objective findings that Moses possessed a small firearm and shots were fired from Cooper's vehicle; after allowing specified mitigation (Moses: ten months for s27, five months EM bail, three months cooperation; Cooper: ten months s27, three months curfew bail, three months cooperation) the sentences imposed were five years imprisonment for Moses and five…
21 Oct 2021

PAICE v NEW ZEALAND POLICE [2021] NZHC 2820

Citation

[2021] NZHC 2820
Court

High Court

The Court held that although the receptionist and manager unlawfully detained the appellant such that some force to escape could be justified, the appellant's repeated ramming of the gate was an unreasonable and disproportionate means of escape and therefore upheld the conviction for intentional damage; however, continuing to edge the vehicle slowly towards the complainant who deliberately remained in the vehicle's path did not demonstrate unreasonable or disproportionate conduct by the appellant and the conviction for assault with a weapon was quashed because the Crown failed to disprove the…