New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Possession of burglary instruments

Legal area

Court

17 Nov 2021

TAYLOR v R [2021] NZCA 606

Citation

[2021] NZCA 606
Court

Court of Appeal

The conviction for aggravated burglary was unsafe because the trial judge incorrectly directed the jury that burglary could be a continuing offence and therefore allowed the jury to convict on a basis not supported by law; substitute conviction for burglary under s234(2) was appropriate and sentences were recalculated and reduced accordingly applying established sentencing principles and totality adjustments.
4 May 2015

WARDLE v R [2015] NZHC 915

Citation

[2015] NZHC 915
Court

High Court

The sentencing judge's starting point and adjustments were within the appropriate range for the offending given the aggravating features and personal factors; the credit for guilty pleas and assistance was appropriate; disparity with the co-offender did not establish error because of materially higher culpability and other aggravating factors, therefore no different sentence should be imposed under s250(2).