New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Offending on bail uplift

Legal area

Court

13 May 2022

CHARLETT v NEW ZEALAND POLICE [2022] NZHC 1029

Citation

[2022] NZHC 1029
Court

High Court

The District Court sentence of 28 months' imprisonment was manifestly excessive; an appropriate end sentence of imprisonment was 23 months but that custodial sentence could be met by a less restrictive sentence, so the end sentence was commuted to 11 months home detention, reduced to nine months taking account of approximately two months custody already served; the High Court substituted the nine months home detention sentence.
16 Jul 2020

COURTENAY v NZ POLICE [2020] NZHC 1722

Citation

[2020] NZHC 1722
Court

High Court

The appeal was dismissed because the sentence of 25.5 months was within the appropriate range, uplifts for prior offending and offending on bail were justified, the 270 days spent in custody constituted pre-sentence detention and could not be credited, the applicant declined the rehabilitative opportunity that could have reduced the sentence further, restorative justice and a cultural report were not shown to be available or sought, pre-sentence reports existed, and the sentence represented the least restrictive outcome in the circumstances.