New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing discounts and aggravating factors

Legal area

Court

21 Oct 2016

R v REWITA, EDE and CROMBIE [2016] NZHC 2523

Citation

[2016] NZHC 2523
Court

High Court

Applying R v Fatu banding and aggravating/mitigating factors the Court imposed concurrent custodial sentences: Rewita effective eight years six months imprisonment (individual sentences: five supply counts 8.5 years each, possession for supply 2 years, conspiracy 2 years concurrent); Ede effective five years eight months imprisonment (two possession for supply counts 5 years 8 months, cannabis for sale 2 years concurrent); Crombie 4 years three months imprisonment; the Court declined to impose a minimum period of imprisonment for any defendant and noted forfeiture under s32(1) Misuse of Drugs…
14 Feb 2006

R V TOPIA HC AK 2005-092-004046

Citation

openlaw-3b16ad18_1601_40fa_ad1a_19513374ae6d.pdf
Court

High Court

Applying tariff authorities and assessing culpability and aggravating/mitigating factors the judge set start points of 14 years for the cocaine importation and 8 years for the methamphetamine importation, then applied substantial combined discounts (~one third) for plea, youth, first offender status, remorse and low risk leading to concurrent sentences of 8 years 9 months (cocaine lead) and 5 years 3 months (methamphetamine); discretionary minimum term under s86 was declined given defendant's age, lack of prior convictions, low risk of reoffending and need for consistency and least restrictiv…