New Zealand Case Law: Decisions & Judgments

Topic

Sentencing starting point and uplift

Legal area

Court

9 Aug 2023

R v SMITH & SPARKS [2023] NZHC 2102

Citation

[2023] NZHC 2102
Court

High Court

Court held that discharge of a loaded sawn-off shotgun into a driveway where young people were congregated constituted high culpability warranting substantial starting points (Smith 10 years; Sparks 9 years), that modest uplifts for prior convictions were justified (5% each), and that appropriate deductions for early offers and remorse produced end sentences of seven years for Smith and six years three months for Sparks.
27 Jul 2023

R v PAUL [2023] NZHC 1985

Citation

[2023] NZHC 1985
Court

High Court

Adopt a starting point of nine years' imprisonment for the arson limited to 2 January 2021 and uplift six months for the other charges to reach a global starting point of nine years six months; decline uplift for prior convictions; apply a total 30% mitigation (5% guilty plea, 5% remorse, 15% personal background, 5% rehabilitation prospects) reducing the global starting point to an end sentence of six years seven months, then deduct an evaluative five months' credit for time on EM bail to impose a final custodial sentence of six years two months for arson, with concurrent five year sentences…
7 Sept 2022

SCOTT v R [2022] NZHC 2274

Citation

[2022] NZHC 2274
Court

High Court

The High Court held the District Court did not err in adopting a four year starting point for the drug offending and a 12 month uplift for firearms; the Judge correctly applied Moses and Zhang, properly assessed s 27 factors and addiction, awarded 25% guilty plea discount plus a 20% allowance for personal factors and a modest 5% credit for good character, but the appellate court reduced the end sentence to two and a half years to reflect totality and be the least restrictive appropriate outcome.
19 Jul 2021

BARLAO v NEW ZEALAND POLICE [2021] NZHC 1828

Citation

[2021] NZHC 1828
Court

High Court

The High Court found the District Court judge’s ten‑month starting point, two‑month uplift for the prior like offence, and 25% discount to arrive at nine months imprisonment were within the proper sentencing range for offending under s194A given the pattern of family violence and were not manifestly excessive, therefore the sentence was affirmed.
6 Jul 2021

R v S [2021] NZHC 1669

Citation

[2021] NZHC 1669
Court

High Court

Judge found the nasheeds were terrorist‑promoting and that purpose and surrounding ISIS‑related material and conduct (including offending while on bail and deliberate deletion of browsing history) aggravated the offending; a six month starting point with one month uplift was appropriate absent time served, but because of lengthy remand custody the appropriate final sentence was one year of supervision (concurrent on three charges) with specified clear conditions restricting internet device use, requiring disclosure of social media, surrender of devices to Probation on request, residence at th…
7 May 2021

R v WEBSTER [2021] NZHC 1016

Citation

[2021] NZHC 1016
Court

High Court

Starting point of 18 years for the aggregate sexual violation offending was appropriate; uplift of three years for additional violent offending produced a 21‑year starting point which, after allowing a 10% discount for proven childhood abuse and deprivation, equated to a finite term (18 years 10 months) but the Court imposed preventive detention with a minimum period of imprisonment of nine years and five months because the pattern, seriousness, expert risk assessments and the defendant's persistent denial meant a lengthy determinate sentence would not provide adequate protection.
15 Dec 2020

R v BROWN [2020] NZHC 3320

Citation

[2020] NZHC 3320
Court

High Court

Preventive detention was imposed because the judge was satisfied the defendant poses a high and ongoing risk of committing further qualifying sexual offences given a clear pattern of serious historical offending against boys over many years, repeated penetrative offending against a 13 year old while subject to an extended supervision order, limited insight and minimisation, prior treatment failure, and the conclusion that a lengthy determinate sentence would not adequately protect the community; minimum period of imprisonment fixed at five years to meet community protection requirement.
14 Sept 2018

R v ANGELICH [2018] NZHC 2429

Citation

[2018] NZHC 2429
Court

High Court

Court set a starting point of 3 years 6 months imprisonment for the aggravated burglary incident (12 June 2017), applied a six month uplift for the separate 6 June 2017 assaults (bringing an overall starting point to 4 years), then reduced that by 3 months for limited and unrelated prior convictions, reduced by 5 months for restorative justice participation and remediation efforts, and reduced by 8 months (20%) for a guilty plea, resulting in a final global sentence of 2 years 8 months' imprisonment; order made for destruction of the gas-powered revolver.
31 Aug 2018

POWHIRO v POLICE [2018] NZHC 2293

Citation

[2018] NZHC 2293
Court

High Court

The High Court held there was no error in the Judge's sentencing: the four month uplift for prior offending and offending while subject to sentence was justified, there was no entitlement to additional mitigating credit beyond the guilty plea given the contents of the pre-sentence report and the appellant's statements, and the final sentence was not manifestly excessive; appeal dismissed.
19 Dec 2016

KENNETH ANGUS MACKAY V R [2016] NZCA 625

Citation

[2016] NZCA 625
Court

Court of Appeal

Extension of time granted because potential dementia evidence warranted consideration; conviction appeal dismissed because trial counsel's decision not to call H was reasonable given risks and there was no miscarriage of justice; sentence appeal dismissed because the sentence was within appropriate bands given victim vulnerability and age disparity and dementia evidence did not establish mitigation or causation.