8 Dec 2023
Although the Court accepted methodological errors (totality considered after guilty plea discount and uplift for previous convictions applied at the wrong stage), on re-evaluation the overall sentence was not manifestly excessive; the High Court formed its own view, reached a comparable or longer calculation and therefore dismissed the appeal and affirmed the sentence.
30 Nov 2023
The High Court held the sentence was not manifestly excessive: the District Court's starting point of three years nine months for the aggravated robbery was within range given group entry, actual violence and gang context; uplifts for the vehicle taking, firearms, drugs and related counts were justified and not excessive; consideration of totality at the end of the sentencing process was not an error in the circumstances; the aggregate sentence of 39 months' imprisonment was appropriate and upheld.
10 Oct 2023
The High Court held the three year starting point and three month uplift fell within the appropriate sentencing range given the aggravating features (two separate strangulation incidents, the second prolonged and involving impeding breathing in a domestic context with a vulnerable victim and actual harm); the discounts applied (15% for personal/cultural factors and restorative justice, 15% for guilty plea) were within judicial discretion; time on remand could not be credited; any arithmetic error identified favoured the appellant but did not render the sentence manifestly excessive, and the a…
28 Sept 2023
The High Court held the starting point of five years six months imprisonment (five years six months before mitigation) was within the available range for the aggravated robbery given the aggravating features, but the specific four-month uplift for the stolen vehicle was unnecessary as that factor was already reflected in the starting point; the EM bail credit of just under 40% was within range given breaches; accordingly the appeal was allowed in part and the sentence reduced from two years four months to two years two months imprisonment on the aggravated robbery charge.
28 Aug 2023
The High Court upheld the District Court's sentence as not manifestly excessive: a six year starting point for the rape (oral penetration) falling in band one was appropriate given the penetration, level of violence, victim vulnerability, invasion of the home and presence of a child witness; a ten month uplift for strangulation (forming part of a seven year combined starting point) and a 12% uplift for prior violent offending were within range; a five per cent discount for background and a 22% guilty plea credit were properly applied resulting in a global sentence of five years and eleven mon…
8 Dec 2022
The defendant's deliberate punch to the head was a substantial and operative cause of death, aggravated by the victim's vulnerability and continuation of group violence; applying Taueki methodology a starting point of five years and eight months' imprisonment was appropriate and, after allowing two months' credit for time on electronically monitored bail, the appropriate sentence is five years and six months' imprisonment.
1 Dec 2022
Adopted a starting point of four years and six months imprisonment for the sabotage and related offending; applied a 20% discount for guilty plea and 10% for prior good character (total 30%), producing an end sentence of 37 months rounded to 37 months (three years and one month); declined to order reparation under s12 due to undue hardship; entered conviction and discharge for the computer search offence; imposed suppression of detailed facts under s205 Criminal Procedure Act 2011, permitting only a limited published summary.
24 Nov 2022
The court adopted a global starting point for participation in an organised criminal group of six years nine months to reflect planning, organisation and use of firearms; increased the starting point by six months for a prior serious aggravated robbery conviction to seven years three months; reduced that by one year two months for s27 report rehabilitation and by 13 months (approx. 15%) for a late guilty plea, resulting in an effective sentence of five years' imprisonment to be served concurrently with two-year terms on other charges.
12 Aug 2022
A starting point of nine years imprisonment for the aggravated burglary was appropriate given premeditation, gang involvement, weapons brought to scene, sustained violence and significant injury; that starting point was reduced by 19 months (17.5%) for the guilty plea and a further 13 months (12%) for personal mitigation from s 27 material, resulting in a final sentence of six years four months imprisonment because the Crown could not prove the defendant personally inflicted weapon blows.
4 Mar 2022
The appellant's offending falls within Zhang band two (5g–250g). Her role combined a leading street-dealer function for small quantities (8.95g) with limited facilitation of larger supplies (35g) for an upstream dealer; facilitation is less culpable than direct supply but still relevant. A reduced starting point of 3 years 6 months for methamphetamine was appropriate; a 6‑month uplift for the commercial-scale cannabis offending brought an overall starting point to 4 years. A 5‑month uplift for prior 2014 convictions was proportionate. Discounts for guilty pleas and personal factors were modes…