New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing conditions

Legal area

Court

17 Dec 2020

R v AMANI [2020] NZHC 3383

Citation

[2020] NZHC 3383
Court

High Court

The initial imposition of special conditions on a six month sentence of community detention was unlawful because s 69E does not permit additional conditions; under s 180 Criminal Procedure Act 2011 the sentence was corrected by imposing six months supervision (allowing the special conditions) and reducing the community detention term by one month to account for the increased supervision obligations.
13 Dec 2016

KAPENE v POLICE [2016] NZHC 3036

Citation

[2016] NZHC 3036
Court

High Court

The starting point of three and a half years for the lead charge was manifestly excessive given the facts and Taueki banding; a corrected starting point of two years six months with the same uplifts and discounts produced an end sentence of 19 months (1 year 7 months) which replaces the original two years four months; the uplift for the two assaults and the 15% guilty plea discount were within the available range; special conditions imposed for six months from sentence expiry are appropriate.