New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing starting points and bands

Legal area

Court

30 Apr 2020

JOYCE v R [2020] NZCA 124

Citation

[2020] NZCA 124
Court

Court of Appeal

Fresh evidence of rehabilitation admitted; appellant's role was retail-level dealing within lower end of Zhang band two so global starting point set at 4 years; firearms associated with drug dealing justified an 18 month uplift; prior drug convictions and offending while under supervision justified a further uplift of 4 months; discounts of 12 months for restrictive EM bail and 7 months for addiction and demonstrable rehabilitation reduced the end sentence to 4 years 3 months imprisonment served concurrently on the drug charges; the minimum term of 3 years was unjustified and quashed.
19 Nov 2019

NAAMAN EDMONDS v R [2019] NZCA 567

Citation

[2019] NZCA 567
Court

Court of Appeal

The jury's verdict was not unreasonable because the material inconsistencies were known to the jury which retained a consistent account from the complainant that the appellant penetrated her vagina with his penis without consent, corroborated in part by apology on departure and DNA consistent with the appellant; challenge to the introital swab failed for lack of evidence the MEDSAC standard was not followed; the seven‑year starting point for sentencing fell within the permissible range for band one offending given the complainant's vulnerability and the factual circumstances, so sentence was…