New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing appeals

Legal area

Court

13 Dec 2023

GARDNER v POLICE [2023] NZHC 3683

Citation

[2023] NZHC 3683
Court

High Court

The application to admit fresh medical evidence was declined because the evidence did not exist at sentencing and could not have affected the sentence; the existing evidence did not show that home detention would provide superior medical care and the sentence of 24 months' imprisonment was not manifestly excessive and is therefore affirmed.
16 Apr 2019

SOLICITOR-GENERAL v KAREKARE [2019] NZHC 849

Citation

[2019] NZHC 849
Court

High Court

The Judge erred in declining to make a protection order because the statutory conditions of s 123B were met (conviction for a domestic violence offence, no current protection order, victim did not object) and given the defendant's history of violence and the victim's reasonable fear of future violence it was necessary for the victim's protection; the High Court therefore allowed the Crown's appeal and imposed a protection order.