New Zealand Case Law: Decisions & Judgments

Topic

Sentence starting point

Legal area

Court

27 Oct 2022

SMITH v THE CROWN [2022] NZHC 2782

Citation

[2022] NZHC 2782
Court

High Court

The High Court held the District Court starting point of two years six months for robbery was within range given the planning, multiple offenders, prolonged assault and actual violence; an uplift for prior convictions was justified but should be four months rather than six; a combined discount of 25% of the starting point for plea and personal mitigation was appropriate; the resulting hypothetical sentence (two years two and a half months) was only half a month less than the imposed two years three months so the sentence was not manifestly excessive and the appeal was dismissed.
26 Aug 2022

TRISTIAN JORDAN TAI v R [2022] NZCA 403

Citation

[2022] NZCA 403
Court

Court of Appeal

The Court held the District Court did not err: the appellant occupied a leading role in a mid-level commercial methamphetamine distribution operation justifying a 12-year notional starting point (part of a 16.5 years total before discounts); addiction and mental health did not sufficiently impair choice to reduce the starting point and were properly addressed through stage-two discounts; no gross or unjustifiable parity breach with the co-offender was shown, therefore the sentence of 10 years and four months was affirmed.
8 Apr 2022

TAYLOR v R [2022] NZCA 118

Citation

[2022] NZCA 118
Court

Court of Appeal

The Judge erred by applying contemporary sentencing starting points rather than those applicable when the offences were committed; on agreed correct starting points and agreed discounts the appropriate global sentence is 12 years 9 months' imprisonment and the Judge lacked jurisdiction to impose a minimum period under s86 for the relevant historic offending; accordingly the appeal is allowed, specified sentences are quashed and substituted, and the minimum period order is quashed.
18 Oct 2021

TITO-FURZE v NEW ZEALAND POLICE [2021] NZHC 2784

Citation

[2021] NZHC 2784
Court

High Court

The appeal was dismissed because the overall 18‑month sentence was within the available range; the starting points for the cumulative offending (including dangerous driving and theft) were justified and the judge legitimately prioritized community protection over a discount for addiction given the appellant's poor engagement and high risk of reoffending.
1 Jul 2021

O’KEEFE v NEW ZEALAND POLICE [2021] NZHC 1613

Citation

[2021] NZHC 1613
Court

High Court

The Court dismissed the appeal because the starting point and uplifts were within the available range: the appellant's conduct was direct, repeated and psychologically coercive, escalated to stalking and occurred despite a protection order, justifying the adopted starting point and uplifts and rendering the overall sentence not manifestly excessive.
18 Jun 2021

PYPER v NEW ZEALAND POLICE [2021] NZHC 1448

Citation

[2021] NZHC 1448
Court

High Court

Given the value of the stolen items, the premeditated nature of the offending and the appellant's extensive history (over 100 relevant convictions), an 18 month starting point was appropriate; a 25% reduction for an early guilty plea yielding a final sentence of 13.5 months imprisonment was properly applied; the sentence was not manifestly excessive and a non‑custodial sentence was inappropriate given the appellant's low motivation to engage in rehabilitation and the need for deterrence and denunciation; custodial sentence also afforded enforced abstinence and potential access to intensive pr…
18 Dec 2020

SMITH v R [2020] NZCA 659

Citation

[2020] NZCA 659
Court

Court of Appeal

The prosecutor's comments did not amount to impermissible conduct and were proper contextual submissions about credibility and use of the defendant's police interview; trial counsel was properly prepared, advised the appellant who freely elected not to give evidence, and no miscarriage of justice occurred; the Judge's assessment of culpability factors (planning/premeditation, extreme victim vulnerability due to age and intoxication, multiple sexual violations and harm) justified a nine year starting point for the rape, and the overall ten year sentence was appropriate and upheld.
2 Sept 2020

HEPI v R [2020] NZCA 381

Citation

[2020] NZCA 381
Court

Court of Appeal

Preventive detention was upheld because s88 expert reports and the appellant's persistent violent and sexual offending, breaches of ESO, failure of prior treatment and ongoing denial established a high and ongoing risk that a determinate sentence would not adequately protect the public under s87 of the Sentencing Act 2002.
10 Aug 2020

NIKORA v NEW ZEALAND POLICE [2020] NZHC 2013

Citation

[2020] NZHC 2013
Court

High Court

The sentencing Judge's selection of a starting point at the higher end of the range for the burglary, the subsequent uplifts for dishonesty and prior convictions, and the discount for plea and mitigation produced a 24-month sentence which was not manifestly excessive; no error of principle was shown and the appeal is dismissed.
20 May 2020

WILK v R [2020] NZCA 172

Citation

[2020] NZCA 172
Court

Court of Appeal

Given the importation and supply of four kilograms of cocaine, the appellant's significant and prolonged role including laundering activity, and the absence of error in applying starting point and discounts, a starting point of 11 years with the applied discounts produced an end sentence of eight years and five months which was not manifestly excessive and was upheld.