New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing act s24

Legal area

Court

19 Jul 2021

HUTTON v R [2021] NZHC 1817

Citation

[2021] NZHC 1817
Court

High Court

When a sentencing relies on facts that are disputed, the court must follow s24 Sentencing Act 2002 procedures; Judge Roberts accepted and used disputed material from the Crown's summary (including particulars of withdrawn charges) without conducting a s24 contested facts process, producing a sentencing miscarriage that required quashing and remittal for re-sentencing.
3 Dec 2018

ALOFA v POLICE [2018] NZHC 3156

Citation

[2018] NZHC 3156
Court

High Court

The appeal was dismissed because the appellant failed to prove on the balance of probabilities the alleged $8,000 repayment and the Judge did not err in declining to give further credit for personal circumstances given the appellant's 38 prior dishonesty convictions and offending while subject to post-detention conditions; the sentencing Judge acted within permissible discretion and correctly applied s24 standards of proof.