New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Perverting the course of justice

  • 24 Nov 2023

    R v HART [2023] NZHC 3364

    Citation
    [2023] NZHC 3364
    Court
    High Court

    Given the defendant's participation in a planned assault that led to fatal multiple blunt-force injuries, his active role in destroying the scene and staging false evidence, and the prolonged maintenance of lies thereafter, the Court fixed a starting point of nine years for manslaughter, applied an uplift of five and a half years for attempting to pervert the course of justice to reach an adjusted starting point of 13.5 years, allowed total discounts of 16% (6% for clean record, 5% for mental health/army discharge effects, 5% for time on EM bail) resulting in an end sentence of 11 years and f…

    • Manslaughter
    • Perverting the course of justice
    • Sentencing discounts and credits
    • Starting point and uplift
    • Minimum period of imprisonment

  • 8 Sept 2023

    R v ORMOND [2023] NZHC 2539

    Citation
    [2023] NZHC 2539
    Court
    High Court

    The court accepted band three grading under R v Taueki for Ryan and fixed a nine-year starting point reduced by aggregated discounts for s27 cultural factors, psychological state, remorse and substantial EM bail credit to a final sentence of three years and six months imprisonment; for Harland the court fixed a notional sentence reduced for guilty plea, youth and background to 13 months then converted to ten months home detention with standard conditions; a higher MPI was unnecessary beyond the default one-third custodial period for Ryan.

    • Wounding with intent to cause grievous bodily harm
    • Injuring with intent to injure
    • Perverting the course of justice
    • Sentencing discounts and uplifts
    • Minimum period of imprisonment
    • Home detention

  • 11 Aug 2023

    R v ORMSBY [2023] NZHC 2154

    Citation
    [2023] NZHC 2154
    Court
    High Court

    Adopt an 18 month starting point for attempting to pervert the course of justice, apply mitigation of 15% for cultural/ personal history and 15% for guilty plea reducing the nominal sentence to 12 months, but exercise sentencing discretion to impose a non‑custodial sentence (six months community detention and nine months supervision with conditions) because the defendant's stable employment, family responsibilities, low assessed risk, and prospects for rehabilitation made community‑based sanctions the least restrictive outcome appropriate while recognizing the public risk taken.

    • Perverting the course of justice
    • Gangs
    • Guilty plea discounts
    • Non‑custodial sentencing

  • 3 Jul 2023

    WATSON v NEW ZEALAND POLICE [2023] NZHC 1681

    Citation
    [2023] NZHC 1681
    Court
    High Court

    The High Court dismissed the appeal. The judge did not err in sentencing: a 15% umbrella discount adequately reflected personal background and addiction; no separate remorse/rehabilitation credit was required; the 10% uplift for offending while on bail, though towards the high end, was not excessive; and refusal to allow credit for time on EM bail was justified by the offender's breaches of EM bail conditions, so no double counting occurred.

    • Kidnapping
    • Assault
    • Dangerous driving
    • Threatening behaviour
    • Perverting the course of justice
    • Credit for mitigation

  • 5 May 2023

    M (CA78/2022) v R [2023] NZCA 151

    Citation
    [2023] NZCA 151
    Court
    Court of Appeal

    The Court refused to admit the literature review as fresh evidence because it was generalised and added nothing material beyond the case‑specific s27 report; it held the three‑year starting point and six‑month uplifts were within range given aggravating features and s9A, and the discounts of 15% for background and 5% for remorse were appropriate; appeal dismissed.

    • Child abuse
    • Perverting the course of justice
    • Fresh evidence
    • Colonisation and systemic deprivation
    • S27 reports

  • 20 Apr 2023

    BURROWS v R [2023] NZCA 115

    Citation
    [2023] NZCA 115
    Court
    Court of Appeal

    Appeal allowed in part: Court adjusted personal factor discount upward (from 5% to 10%), reduced overall sentence for sexual offending to five years six months for lead sexual connection charge and made other sexual connection sentences concurrent (four years each for Victims F and G), quashed and substituted the High Court allocations, held MPI cannot be imposed on the cumulative end sentence and must be imposed on the particular determinate sentence over two years (here the sexual connection charge against Victim A) and imposed an MPI of two-thirds (three years seven months) on that charge;…

    • Sexual connection with person under 16
    • Indecent assault
    • Perverting the course of justice
    • Totality principle
    • Minimum period of imprisonment (mpi)
    • Victim anonymity order (s 202 criminal procedure act 2011)

  • 7 Dec 2022

    DELIU v R [2022] NZHC 3268

    Citation
    [2022] NZHC 3268
    Court
    High Court

    Judge allowed remote appearance, refused to recuse, and stayed the present proceeding pending the release of Brewer J's decision plus 21 working days because the minute did not disclose bias or predetermination and there was a real risk of overlapping or conflicting decisions between the matters, while consolidation was inappropriate given Brewer J's hearing had concluded.

    • Recusal
    • Stay of proceedings
    • Consolidation
    • Abuse of process
    • Remote participation
    • Crown prosecutor independence

  • 11 Oct 2022

    DELIU v FLANAGAN & Ors [2022] NZHC 2621

    Citation
    [2022] NZHC 2621
    Court
    High Court

    Court held Police decisions to close complaints and not to investigate further were within lawful discretion, reasonable on the facts and not made in bad faith; no evidence of conspiracy or criminality by officers or by solicitor and detective; s27 NZBORA did not require detailed reasons in these circumstances; procedural omission to notify applicant of one decision was error but did not invalidate substantive outcome; all judicial review claims dismissed.

    • Police decision to investigate
    • Border alert
    • Perverting the course of justice
    • Natural justice (nzbora s27)
    • Legitimate expectation
    • Prosecutorial discretion

  • 7 Sept 2022

    OFISA v R [2022] NZHC 2267

    Citation
    [2022] NZHC 2267
    Court
    High Court

    There was insufficient evidence to establish a causal link between the appellant's methamphetamine use and the aggravated burglary; the sentencing judge did not err in the quantum of discounts applied (20% for guilty plea and 15% for s27 mitigation); any lack of a full 25% plea discount was balanced by the absence of an uplift for relevant prior burglary convictions; the overall sentence of three years three months was not manifestly excessive; appeal dismissed.

    • Aggravated burglary
    • Perverting the course of justice
    • Guilty plea discounts
    • Drug addiction as mitigation
    • S27 pre-sentence reports

  • 6 Sept 2022

    JONES v R [2022] NZCA 416

    Citation
    [2022] NZCA 416
    Court
    Court of Appeal

    The appeal was allowed because the District Court's cumulative starting points and limited totality adjustments produced an aggregate sentence disproportionate to the overall criminality; the Court substituted reduced starting points and applied larger discrete discounts for personal mitigation and guilty pleas and restructured sentences to run concurrently for the violent offending, yielding substituted sentences that reflect totality and rehabilitation objectives.

    • Manifestly excessive sentence
    • Totality principle
    • Concurrent vs cumulative sentencing
    • Guilty plea discounts
    • Discounts for youth and personal mitigating factors
    • Perverting the course of justice