New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing starting points and adjustments

Legal area

Court

29 May 2020

R v A [2020] NZHC 1169

Citation

[2020] NZHC 1169
Court

High Court

Starting point set at six years and two months' imprisonment after comparison with precedent (notably R v Goyen, R v Heremaia, R v Wallis and R v Clarke). An uplift of eight months applied for prior similar offending involving use of a car as a weapon. Mitigation totalling 22 months applied: 13 months for defendant's traumatic background, addiction and mental health and rehabilitative steps; nine months (about 13%) for a guilty plea entered two and a half weeks before trial. Calculations: 74 months (6y2m) + 8 months uplift = 82 months; less 13 months = 69 months; less 9 months = 60 months, yi…
18 Dec 2018

RE CBL CORPORATION LTD & ORS (ADMINISTRATORS APPOINTED) [2018] NZHC 3382

Citation

[2018] NZHC 3382
Court

High Court

The Court found the defendant played an indispensable coordinating role but was not the organiser; it fixed a starting point of 13 years for the 14.9 kg methamphetamine, uplifted one year for 1.9 kg cocaine and uplifted four years for the separate 9 kg supply (total 18 years), then applied a modest 10% discount for personal circumstances (22 months) and just over 10% (20 months) for the guilty plea, resulting in a final sentence of 14 years and 6 months' imprisonment; the Court declined to impose a minimum (non‑parole) period.