New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Manifestly unjust standard

Legal area

Court

9 May 2017

CHRISTISON v R [2017] NZCA 168

Citation

[2017] NZCA 168
Court

Court of Appeal

S 104 applied and given the proved aggravating factors (calculated planning, unlawful entry/presence in a dwelling, and high brutality/callousness) a starting point MPI in the 18–20 year range was open; the sentencing Judge adequately considered mitigating factors (remorse, depression/diminished responsibility, guilty plea) and any implicit discount did not make the 17 year MPI manifestly unjust; therefore the extension of time is granted and the appeal against sentence is dismissed.
28 Jul 2016

LAVEMAI v R [2016] NZCA 363

Citation

[2016] NZCA 363
Court

Court of Appeal

Extension of time to appeal granted; s 104 applied because the murder was particularly brutal and committed in the course of robbery and the minimum period of 17 years was not manifestly unjust; post-trial expert opinion and allegations of counsel incompetence did not establish grounds to disturb the sentence; the sentencing judge's reasons were adequate.