New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing act 2002 s 80i

Legal area

Court

30 Jul 2018

WILSON KOREWHA v R [2018] NZHC 1896

Citation

[2018] NZHC 1896
Court

High Court

The sentencing Judge erred by considering that a more serious charge could have been laid; that error may have affected the refusal of leave under s 80I, and on re-exercise of the discretion the High Court would have imposed home detention (but left the 18 month custodial sentence otherwise undisturbed), therefore granting leave to apply for home detention.
18 Aug 2016

ALLEN v POLICE [2016] NZHC 1934

Citation

[2016] NZHC 1934
Court

High Court

Section 80I did not apply because the sentencing judge would not have imposed home detention even if a suitable residence had been available; accordingly no leave to apply for substitution was required, and the 22 month imprisonment sentence was within the available range given the commerciality and seriousness of the offending and not manifestly excessive.