New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sentencing discounts for disability
  • 19 May 2016

    R v KAIHAU [2016] NZHC 1044

    Citation
    [2016] NZHC 1044
    Court
    High Court

    Offending involving supply assessed at lower end of band 2 (treated as 25g) justified a starting point of 3 years 6 months imprisonment; allowed modest discounts for remorse (5%), severe disability (6 months) and time on EM bail (5 months) reducing to 2 years 5 months, then a 20% guilty plea discount reduced the custodial sentence to 1 year 11 months which the Judge lawfully commuted to 12 months home detention given the defendant's paralysis, family hardship and suitability for treatment conditions; $1,040 was forfeited as proceeds under Misuse of Drugs Act s 32(3).