New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Second strike

  • 25 Nov 2021

    TAWHITI v R [2021] NZHC 3178

    Citation
    [2021] NZHC 3178
    Court
    High Court

    The appeal was dismissed because the sentencing Judge properly exercised discretion by giving weight to experienced probation officers' assessments that imprisonment, not community detention, offered the appellant the best prospect of addressing her complex rehabilitative needs, and because her prior absconding from EM bail and high risk of non‑compliance made home detention at the Grace Foundation not a viable alternative even though a placement later became available.

  • 26 May 2020

    R v WINTER & TE AMO [2020] NZHC 1115

    Citation
    [2020] NZHC 1115
    Court
    High Court

    Both defendants convicted of murder and kidnapping were sentenced to life imprisonment; the Judge fixed minimum periods by starting with established comparative starting points (Winter 21 years, Te Amo 20 years), applied an uplift for Winter's prior strike (six months), then applied percentage reductions for personal mitigation (Winter 10%, Te Amo 5%) resulting in minimum periods of 19 years 4 months for Winter and 19 years for Te Amo; Winter was found not to be required to serve life without parole because that would be manifestly unjust given her intellectual disability and deprived backgro…

  • 9 Oct 2018

    R v CAMERON [2018] NZHC 2046

    Citation
    [2018] NZHC 2046
    Court
    High Court

    Apply Mako factors and comparable authorities to set a starting point of seven years for a two‑person, night time commercial robbery using disguises, a firearm (unproven loaded) and detention/tight bindings of five staff with substantial property theft; do not uplift for minor driving/drug/breach charges because of totality and the second‑strike parole consequence; previous aggravated robbery acknowledged but no additional uplift imposed because of the disproportionate severity that would result from further loss of parole and risk of institutionalisation; grant combined mitigation of nine mo…