New Zealand Case Law: Decisions & Judgments

Topic

Sentencing bands (taueki)

Legal area

Court

25 Nov 2020

RAY STANLEY PABIROWSKI v R [2020] NZCA 593

Citation

[2020] NZCA 593
Court

Court of Appeal

Given the combination of aggravating features—premeditation, an ambush of a vulnerable and helpless victim, targeted and life‑threatening attacks to the head, serious resulting injuries and the offender's significant size—the offending falls at the lower end of Taueki band two; the five year starting point and the resultant sentence of four years and nine months (after discounts) were within the available range and not manifestly excessive, so the appeal is dismissed.
26 May 2020

R v TAE [2020] NZHC 1119

Citation

[2020] NZHC 1119
Court

High Court

Starting point set at 11 years' imprisonment (band three under Taueki) because three aggravating features were present (extreme violence, use of a lethal weapon, serious injury); applied discounts of 19 months (approx 15%) for personal mitigation and 29 months (approx 25%) for turning self in and early guilty plea, resulting in a total reduction of 48 months and an effective sentence of seven years' imprisonment; no minimum period of imprisonment was imposed under s86.
15 Apr 2019

R v MOWBRAY [2019] NZHC 820

Citation

[2019] NZHC 820
Court

High Court

Defendant's participation in a premeditated joint plan involving multiple offenders and firearms, which resulted in serious injury, attracted a starting point in the lower end of Taueki Band 3 but, on assessment of his individual culpability (he did not carry or discharge firearms or directly assault the victim), the offending fell into Band 2 with a starting point in the vicinity of eight years; after a 20% reduction for personal factors and a 15% guilty plea discount the appropriate sentence is five years and five months' imprisonment and no MPI is required given assessed risk and lack of p…
5 Feb 2019

R v PATIOLE [2019] NZHC 76

Citation

[2019] NZHC 76
Court

High Court

Offending constituted unprovoked, gratuitous, serious head violence causing life‑threatening and long‑term injuries and falls within Taueki band two; starting point fixed at 6 years 6 months, uplifted by 3 months for offending while under intensive supervision and 3 months for relevant prior convictions (total uplift 6 months to 7 years), then reduced by 6 months for EM bail, 6 months for youth and 6 months for guilty plea (total reduction 18 months) resulting in an end sentence of 66 months (5 years 6 months) imprisonment; no minimum period of imprisonment ordered.
10 Jul 2018

WISEMAN & PRASAD v R [2018] NZHC 1684

Citation

[2018] NZHC 1684
Court

High Court

The Court allowed both appeals and substituted lower sentences after finding the sentencing Judge erred in assessment of culpability and discounts: adjusted starting points and applied quantified discounts for youth, guilty pleas, remorse and good character, distinguishing primary participation (Wiseman) from secondary participation (Prasad) and ordering home detention for Prasad given his mitigation and time in custody.

New Zealand Case Law

RAY STANLEY PABIROWSKI v R [2020] NZCA 593

R v TAE [2020] NZHC 1119

R v MOWBRAY [2019] NZHC 820

R v PATIOLE [2019] NZHC 76

WISEMAN & PRASAD v R [2018] NZHC 1684