New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Role of offender

Legal area

Court

1 Feb 2019

WIKOHIKA v R [2019] NZHC 51

Citation

[2019] NZHC 51
Court

High Court

The application to adjourn was declined; the trial and sentencing law in force at the time of sentencing must be applied by the sentencing court, and any change by the Court of Appeal does not automatically operate retrospectively; the proper course is to decide this appeal promptly and allow the appellant the right to appeal to the Court of Appeal and to apply to join the scheduled April hearing if appropriate.
28 Jul 2016

MA v R [2016] NZCA 362

Citation

[2016] NZCA 362
Court

Court of Appeal

The Court held the High Court erred by giving excessive weight to a wholesaler comparator (R v Tarm) and failed to give sufficient recognition to the appellant's courier role; substituted a lower starting point of 11.5 years, deducted 18 months (to 10 years) for reasons accepted by the Judge and then applied a 15% guilty plea discount to produce concurrent sentences of eight years six months, and upheld imposition of an MPI of approximately 50% adjusted to four years three months.