New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Remorse and credit

Legal area

Court

11 Dec 2017

SINGH v POLICE [2017] NZHC 3064

Citation

[2017] NZHC 3064
Court

High Court

The High Court held the District Court's starting point (three years total) and discounts were appropriate given the seriousness of prolonged manual strangulation and a separate knife assault; the sentencing Judge did not err in refusing to commute the two year imprisonment to home detention because the appellant minimised responsibility, engaged in victim‑blaming, showed insufficient genuine remorse and rehabilitation prospects were poor, so the appeal was dismissed.
27 Jul 2017

R v OʼBRIEN & ORS NZHC 1753

Citation

openlaw-28213a85_ae16_47a9_b12c_614308102056.pdf
Court

High Court

Because Mr Max played a subsidiary role in an ongoing course of moderately serious fraud that deceived the regulator, lacked direct financial gain and had significant mitigating personal circumstances and community contribution, his starting point was fixed at 70% of O'Brien's, reduced for mitigation to 24 months, and that sentence was properly and appropriately substituted with the maximum 12 months home detention with conditions; no discount was to be given for six weeks on remand.