New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing factors

Legal area

Court

4 Aug 2022

PORTELA CHAVES v NEW ZEALAND POLICE [2022] NZHC 1909

Citation

[2022] NZHC 1909
Court

High Court

The sentencing judgment's assessment that the assault was of moderately serious gravity (heavy punch causing compound jaw fracture requiring surgery) was correct; the likely immigration consequences including deportation and loss of visa/work, while serious, were not out of all proportion to that gravity; accordingly the application for discharge without conviction was correctly refused and the appeal is dismissed.
30 Nov 2021

ADAMS v SOUTH TARANAKI DISTRICT COUNCIL [2021] NZHC 3254

Citation

[2021] NZHC 3254
Court

High Court

The High Court held that a destruction order under s57(3) is an integral element of sentencing and requires a conviction; on the facts the dog showed a pattern of unprovoked attacks and the owner failed to mitigate risk, so the circumstances were not exceptional and destruction was justified; appeal dismissed.
22 Jun 2016

SANTAMARIA v NEW ZEALAND POLICE [2016] NZHC 1369

Citation

[2016] NZHC 1369
Court

High Court

The High Court held the District Court Judge did not err: the Judge was entitled to reject remorse mitigation, to give weight to the offender's minimising conduct and prior record, and to conclude that imprisonment rather than home detention was required to meet sentencing purposes; the 19 month sentence was not manifestly excessive.