6 Nov 2023
Because the respondent had absconded and the unchallenged health assessor's report together with his criminal history satisfied, on a provisional basis, the statutory ESO risk criteria in ss107I and 107IAA, the court was entitled to and did grant an interim supervision order under s107FA with specified conditions.
2 Aug 2023
Offending constituted a medium-to-upper band two Taueki manslaughter (concerted street attack with knife and retreating victim); appropriate starting point was fixed at 7.5 years' imprisonment; discrete mitigating discounts applied were 25% for early guilty plea, 15% for youth, 20% for neurodisability/personal circumstances and 5% for remorse yielding an end sentence of two years and 7.5 months; time served credit (5 years) produced immediate release with standard six-month release conditions and any special conditions imposed by probation officer.
23 Sept 2022
The Court accepted expert evidence that the respondent poses a high and likely enduring risk of committing further relevant sexual offences absent significant controls; the statutory prerequisites in ss107F/107I/107IAA were satisfied; consent by the respondent was informed but did not justify a materially shorter term because expert evidence indicated meaningful risk reduction would require longer than two years; accordingly a five-year ESO on standard conditions, commencing at the end of current release conditions, was necessary and proportionate to protect the public and provide supervised…
8 Aug 2022
Adopted a 10-month starting point for accessory after the fact given limited knowledge and assistance, uplifted six months for two aggravated assaults (home invasion, victims asleep, masks) to reach a 16-month starting point; applied full 25% guilty plea discount, 5% remorse discount and a 20% discount for youth, epilepsy/head injury, addiction and rehabilitation prospects, yielding an eight-month custodial sentence; credited 528 days time served under Parole Act s91 resulting in immediate release; ordered reparation of $3,187.75 and remitted remaining fines; declined post-release conditions…
29 Jul 2022
Applying ordinary sentencing principles because mandatory three strikes sentence would breach s9 NZBORA, the Court set a starting point of 18 months for the robbery, uplifted that by 15% for extensive prior convictions and offending while subject to sentence, applied a 20% discount for the guilty plea, and imposed a global sentence of 17 months' imprisonment (with credit for time served); home detention was declined absent specialist reports and effective custodial release conditions and special release conditions were imposed.
12 Apr 2022
Imposition of the statutory maximum seven years would be so disproportionately severe given the notional end sentence of 14 months, the causal link between the offender's chronic schizophrenia and the offending, and the offender being an inadvertent casualty of the three strikes regime; therefore s86D should not be applied and the defendant is sentenced under ordinary principles to 14 months' imprisonment with specified release conditions.
16 Dec 2021
A starting point of 3 years 2 months imprisonment was appropriate for Tucker's participation. After quantifying mitigation (youth discounted to six months, 2.5 months deduction for time subject to restrictive EM bail, and eight months for traumatic background and care deficits) total mitigation reduced the starting point by two years two months, producing a final sentence of 12 months imprisonment with likely immediate release and special release conditions for six months.
9 Dec 2021
The court, exercising its power under s 94(3)(a) of the Sentencing Act 2002 and having regard to the probation officer's report and the offender's consent, granted the application and specified a special release condition requiring a psychological assessment and completion of any recommended treatment, proportionate to the objective of improving reintegration.
7 May 2021
Two aggravating factors (attack to the head and victim vulnerability, including breach of a protection order) justified a band two starting point but a starting point of 20 months for combined offending was appropriate; the District Court's six month uplift for previous convictions was excessive given the last violent offending was in 2007 and established desistence since then; a three month guilty plea discount remained appropriate producing concurrent sentences of 17 months with specified release conditions including GPS monitoring.
14 Apr 2021
Although a non-association release condition could be legitimate where a partner was closely involved in offending and addictions were interrelated, the Judge did not expressly impose or explain such a condition in open court and the court record is ambiguous; therefore the appeal is allowed and the matter is remitted to the Special Circumstances Court to reconsider special release conditions, with the existing conditions preserved pending reconsideration.