New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing act s106 s107

Legal area

Court

26 Jul 2022

S (CA48/2022) v R [2022] NZCA 334

Citation

[2022] NZCA 334
Court

Court of Appeal

The Court admitted fresh evidence (affidavits of the appellant and a human resources professional), reassessed the gravity of the offending as low given strong mitigation, found a real and appreciable risk that convictions would disproportionately harm the appellant's employment, volunteer work and mental health, concluded the s107 threshold was met, and therefore allowed the appeal, quashed the convictions, set aside the sentence and discharged the appellant without conviction.
2 Jul 2019

HANLEY v NZ POLICE [2019] NZHC 1544

Citation

[2019] NZHC 1544
Court

High Court

The High Court held the offending was mid‑range indecent assault with persistent vulgar conduct and contact; the s107 threshold was not met because the consequences of conviction were not out of all proportion to the gravity of the offence, so the conviction stands; however the 12‑month supervision sentence was excessive and reduced to six months, with reparation of $1,500 upheld.