New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Neglect of child

Legal area

Court

1 Jul 2021

R v SIALEIPATA [on application to cancel sentence and substitute alternative sentence] [2021] NZHC 1631

Citation

[2021] NZHC 1631
Court

High Court

The Court was satisfied under s 80F that the home detention address was no longer available and the alternative address was unsuitable for electronic monitoring and safe field supervision; having regard to sentencing purposes and statutory criteria for intensive supervision the Court cancelled the home detention and substituted 22 months intensive supervision because it better addresses rehabilitation, monitoring needs and public protection, taking into account time already served and the defendant's circumstances.
9 Mar 2016

M (CA559/2015) v R [2016] NZCA 53

Citation

[2016] NZCA 53
Court

Court of Appeal

The Court held the starting point of six years imprisonment was not manifestly excessive given the amended s195, the seriousness and multiplicity of injuries to two defenceless infants, the admission of a major departure from the duty to provide necessaries, and the applicability of s9A aggravating factors; the Judge rightly treated both appellants similarly, denied credit for belated hospital attendance, and properly applied sentencing principles, so the appeals against sentence were dismissed.