New Zealand Case Law: Decisions & Judgments

Topic

Starting point methodology

Legal area

Court

28 Apr 2021

R v GALLAGHER [2021] NZHC 920

Citation

[2021] NZHC 920
Court

High Court

Given the premeditated close-range discharge of a low-calibre but live-capable pistol into an occupied dwelling with real risk to occupants, the appropriate starting point is two years six months; applying a 25% discount for an early guilty plea yields an end sentence of 23 months' imprisonment; the court entered conviction and imposed a first strike warning under the three strikes law and otherwise upheld the earlier sentence indication.
13 Oct 2020

RENWICK v R [2020] NZCA 480

Citation

[2020] NZCA 480
Court

Court of Appeal

The Court granted an extension of time, allowed the appeal, and held that a discrete additional guilty plea discount of 15% applied to the starting point was appropriate in this case of voluntary self-reporting following acquittal and exceptional remorse; applying the combined discounts in accordance with Moses v R reduced the starting point of seven years and six months by a total of 60% resulting in substituted sentences of three years for rape and two years concurrent for unlawful sexual connection.
1 Aug 2019

R v WALKER [2019] NZHC 1906

Citation

[2019] NZHC 1906
Court

High Court

The appropriate starting point for the combined offending was nine years' imprisonment (broken down as five years for manslaughter, three years for kidnapping and one year for conspiracy/mistreating remains); this was uplifted by six months for prior serious violent offending to 9 years 6 months; a 25% reduction was applied for early guilty pleas, producing an effective sentence of seven years' imprisonment; concurrent sentences were ordered so the manslaughter term controlled the overall sentence because the offences arose from the same course of conduct and the manslaughter was aggravated b…
6 Jun 2018

R v F [2018] NZHC 1313

Citation

[2018] NZHC 1313
Court

High Court

The offender's prolonged, repeated sexual offending against his daughter, involving abuse of parental trust, victim vulnerability, serious and lasting harm, scale and duration over 15 years, placed the offending in a paradigm band four rape case; accordingly the court set an overall starting point of 19.5 years' imprisonment, declined any mitigation for personal circumstances, imposed concurrent sentences as specified, and set a minimum period of imprisonment of 50% (9 years 9 months) before eligibility for parole.
27 Mar 2018

KOTI v R [2018] NZHC 547

Citation

[2018] NZHC 547
Court

High Court

The District Court's global starting point was excessive. The High Court recalculated appropriate starting points for discrete groups of offending, set a correct global starting point of 54 months, allowed specified adjustments (three month uplift for offending on bail), applied appropriate reductions for youth, EM bail credit and guilty pleas, and concluded the proper overall sentence is 37 months' imprisonment. The appeal was allowed and the District Court sentence quashed and substituted accordingly.
24 Aug 2016

R v DC AND ST [2016] NZHC 1984

Citation

[2016] NZHC 1984
Court

High Court

Starting point for each offender fixed at 10 years imprisonment pursuant to R v AM and comparable authorities, then reduced for personal mitigation (DC reduced 30%, ST reduced 35%), producing an effective custodial sentence of six years six months for each defendant, with component sentences to be served concurrently.
19 May 2016

R v PHILIP & ORS [2016] NZHC 1035

Citation

[2016] NZHC 1035
Court

High Court

Applying Fatu bands and the three-step approach the Court set starting points reflecting quantity and role (Norton band 4 at 12 years start; Philip band 3 at 9 years start; Rowan band 2 at 7.5 years start), adjusted for criminal history and mitigation, applied guilty plea discounts where applicable, declined to impose a s86 minimum period for Philip, and ordered forfeiture/destruction of seized drugs with forfeiture of $2,030 from Rowan while larger cash sums are subject to Criminal Proceeds (Recovery) Act restraint.

New Zealand Case Law

R v GALLAGHER [2021] NZHC 920

RENWICK v R [2020] NZCA 480

R v WALKER [2019] NZHC 1906

R v F [2018] NZHC 1313

KOTI v R [2018] NZHC 547

R v DC AND ST [2016] NZHC 1984

R v PHILIP & ORS [2016] NZHC 1035