New Zealand Case Law: Decisions & Judgments

Topic

Starting point assessment

Legal area

Court

1 Dec 2023

POLICE v STENNING [2023] NZHC 3477

Citation

[2023] NZHC 3477
Court

High Court

The nine month starting point for the lead receiving charge was within the proper range given value and culpability, but the seven month uplift for the other thefts was excessive under the totality principle; an uplift of four months combined with a two month uplift for prior convictions and a 25% guilty plea discount produced an appropriate final sentence of 12 months' imprisonment, so the appeal is allowed and the original 14 month sentence is quashed and substituted with 12 months.
30 Nov 2023

B (CA527/2023) v R [2023] NZCA 606

Citation

[2023] NZCA 606
Court

Court of Appeal

The Court held the starting point adopted was within the available discretion under R v AM but the sentencing Judge erred by refusing any credit for the appellant's substantially unblemished long-term good character; allowing a 10% credit and retaining other discounts yields an amended sentence of three years and six months' imprisonment; suppression orders were appropriate under the Criminal Procedure Act 2011.
14 Sept 2023

R v HARPER-BROWN [2023] NZHC 2566

Citation

[2023] NZHC 2566
Court

High Court

Apply R v Mako principles to set a starting point of eight years' imprisonment for the defendant's role as an active participant in a planned gang-related home invasion involving a firearm discharge causing injury; apply a total discount of 45% (25% guilty plea, 10% social/cultural/mental health/remorse, 10% youth) resulting in an effective concurrent sentence of four years and four months' imprisonment.
26 Jul 2023

MO’UNGA v R [2023] NZHC 1967

Citation

[2023] NZHC 1967
Court

High Court

The High Court held the District Court's adjusted starting point of 42 months was appropriate; the judge erred by not applying the full 25% guilty plea discount and by not granting a separate 5% discount for genuine remorse. Applying the Moses methodology (deductions as percentages of the 42-month adjusted starting point, then adding a 4-month uplift) produced an end sentence of 27 months (two years three months) which replaced the original two years six months sentence.
21 Apr 2023

SILIAI v R [2023] NZHC 868

Citation

[2023] NZHC 868
Court

High Court

Starting point of 3.5 years' imprisonment was within the available range for dangerous driving causing death but the District Court erred in assessing mitigating discounts; applying a 45% total discount (25% guilty plea, 10% remorse, 5% previous good character, 5% cultural factors) to the 3.5 year starting point produced a 23 month term which should be converted to home detention; the appropriate substituted sentence is six months home detention after credit for time served.
14 Mar 2023

R v HARIMATE TE HEUHEU [2023] NZHC 506

Citation

[2023] NZHC 506
Court

High Court

Court set a seven-year starting point for the manslaughter count given an element of excessive self-defence, uplifted by three years on totality grounds for the two additional wounding with intent charges to a ten-year aggregate starting point, then applied discounts of 20% for youth, 20% for guilty plea and 5% for adverse background factors to reach an effective custodial sentence of five years six months for manslaughter; the two wounding sentences were imposed as two years and three years respectively to be served concurrently.
27 Feb 2023

R v TAWHAI [2023] NZHC 311

Citation

[2023] NZHC 311
Court

High Court

Because the wounding resulted from the burglary the court set a single starting point for aggravated burglary taking the firearm discharge and wounding into account (starting point eight years for this participant), refused a separate uplift for the additional charge based on the same conduct, applied a 25% discount for the guilty plea and approximately 10% discount for personal mitigation (youth, cultural factors, addiction) resulting in an effective concurrent sentence of five years two months' imprisonment.
15 Dec 2022

R v CAPPER [2022] NZHC 3437

Citation

[2022] NZHC 3437
Court

High Court

Given the multiple deep stab wounds inflicted while the victim was being held down, the appropriate starting point is eight years six months imprisonment; applying a one year discount for a late guilty plea and ten months for personal mitigation (alcohol predisposition, remorse and prospects of rehabilitation) and declining uplift for prior convictions produces a final sentence of six years eight months imprisonment; no minimum period ordered.
6 Dec 2022

SMITH v R [2022] NZCA 606

Citation

[2022] NZCA 606
Court

Court of Appeal

The Court held the 21 month starting point was within the available range given the quantity and some evidence of commerciality, the 30% discount for medical issues and addiction was appropriate, and imposing seven months' home detention was within the judge's margin of appreciation as it balanced denunciation, deterrence and rehabilitation; the appeal against sentence was dismissed.
11 Nov 2022

THE KING v ALVERADO [2022] NZHC 2946

Citation

[2022] NZHC 2946
Court

High Court

Starting point of seven years imprisonment adopted for the methamphetamine offending based on Band 3 in Zhang and the defendant's significant role; money laundering was at lower end and absorbed into that starting point. Applied 1 year 9 months discount for guilty pleas, then additional discounts totalling 19 months (7 months for first offender status, 9 months for remorse and rehabilitation prospects, 3 months for disadvantages as a foreign national) yielding aggregate reductions of 3 years 4 months and a final sentence of 3 years 8 months for meth charges and 2 years for money laundering, a…