New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Possession of drugs

  • 18 Oct 2018

    BALLER v NEW ZEALAND POLICE [2018] NZHC 2709

    Citation
    [2018] NZHC 2709
    Court
    High Court

    On independent assessment the appropriate end sentence was 22 months imprisonment and the Judge's imposed sentence of 24 months was within the available range and not manifestly excessive; however the sentencing Judge erred in refusing leave to apply for home detention because material demonstrated Odyssey House would accept electronically monitored participants and home detention is generally a less restrictive outcome; accordingly appeal against sentence dismissed but leave granted to apply for home detention under s80I.

  • 21 Oct 2016

    R v TATE [2016] NZHC 2522

    Citation
    [2016] NZHC 2522
    Court
    High Court

    Applying R v Fatu band two, the judge set a starting point of five years' imprisonment for supply of 142 grams of methamphetamine, applied a one month uplift for prior similar offending, deducted 37 months for rehabilitation, restrictive bail, assistance, remorse and guilty plea to reach a provisional 24 months' sentence and then converted that to 11 months' home detention as the least restrictive appropriate outcome given substantial mitigation and cooperation despite the presumption of imprisonment.