New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sentencing act s 104

  • 13 Sept 2023

    PURUTANGA v R [2023] NZCA 442

    Citation
    [2023] NZCA 442
    Court
    Court of Appeal

    The Court held s 104(1) applied because the murder involved high brutality and the victim was particularly vulnerable; the judge's notional starting point was within range and a one year discount for a late guilty plea was justified given delays and the defendant's conduct; the offender's personal circumstances did not materially reduce moral culpability; consequently a 17 year MPI was not manifestly unjust and the appeal was dismissed.

  • 29 Oct 2021

    PRICE v R [2021] NZCA 568

    Citation
    [2021] NZCA 568
    Court
    Court of Appeal

    The Court declined to admit the proposed fresh evidence because the new affidavit was neither credible nor cogent; it held the cell‑mate evidence (McCreath) was properly admitted and its reliability was a matter for the jury given full disclosure of incentives and history and adequate judicial directions; the conviction appeal was dismissed. On sentencing the Court found s 104(1)(e) was not made out and, regardless of s 104(1)(c), imposing a 17‑year MPI would be manifestly unjust on the facts of this case and reduced the MPI to 14 years.

  • 23 Mar 2016

    BRACKEN v R [2016] NZCA 79

    Citation
    [2016] NZCA 79
    Court
    Court of Appeal

    The Court dismissed the appeal: it upheld the prior pre-trial ruling that propensity evidence was admissible and sufficiently probative of both kidnapping and murder; it held the contested cross-examination and co-defendant-led material were relevant to the co-defendant's defence and not so unfairly prejudicial as to require exclusion or to cause a miscarriage of justice; expert evidence on methamphetamine effects was properly admitted; and the sentencing Judge lawfully applied s104 and the 21-year minimum period was not manifestly excessive despite a minor error as to lack of remorse which d…