New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sentencing discounts for cultural factors
  • 21 Apr 2022

    WEBB v R [2022] NZCA 137

    Citation
    [2022] NZCA 137
    Court
    Court of Appeal

    The Court allowed the appeal, holding the 10% cultural discount was not inadequate but the nine month uplift for the appellant's prior non‑custodial sentences and being on bail was disproportionate and amounted to double punishment; accordingly the sentence of nine years and six months was set aside and substituted with nine years' imprisonment on the rape charge.

    • Rape
    • Sentencing discounts for cultural factors
    • Uplift for prior offending
    • Manifestly excessive sentence
    • Double punishment
    • Bail/offending while on sentence