New Zealand Case Law: Decisions & Judgments

Topic

Perverting the course of justice

Legal area

Court

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…
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.
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.
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.
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.
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;…
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.
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.
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.
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.