New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sentence disparity

  • 17 Oct 2018

    BENNER v R [2018] NZHC 2675

    Citation
    [2018] NZHC 2675
    Court
    High Court

    The Court held the Judge's starting point of two and a half years for the combined offending was within the available range given aggravating features (targeted vigilante-type conduct and injury), rejected the disparity argument due to materially greater culpability of the appellant compared to co-offender, found the guilty plea discount should be increased from 10% to at least 15%, upheld that cumulative sentences were appropriate because the offences were distinct in time and place and would not practically extend parole ineligibility, and corrected a sentencing error by reducing the demand…

  • 25 Oct 2017

    RIDDELL v R [2017] NZHC 2612

    Citation
    [2017] NZHC 2612
    Court
    High Court

    The High Court held the District Court starting point of three years three months was within the proper range given the spree nature and significant domestic burglary; the appellant's cooperation did not materially reduce culpability because police had independent evidence and obtained information from co-offenders; there was no gross unjustified disparity with the co-offender; home detention was unavailable and inappropriate; therefore the sentence of two years three months imprisonment was not manifestly excessive and the appeal was dismissed.