New Zealand Case Law: Decisions & Judgments

Topic

Starting points

Legal area

Court

30 Aug 2023

TUKIWAHO v NEW ZEALAND POLICE [2023] NZHC 2395

Citation

[2023] NZHC 2395
Court

High Court

The High Court dismissed the appeal because the District Court's starting points and adjustments were within the available range given the proven commerciality of the cannabis offending and the aggravating presence of weapons and readily accessible ammunition; the totality adjustment and credits were appropriate and the refusal to adjourn for Moana House was not erroneous where the programme was unavailable to those awaiting sentence.
29 Nov 2021

APIATA v NEW ZEALAND POLICE [2021] NZHC 3224

Citation

[2021] NZHC 3224
Court

High Court

The Court held that the sentencing starting points for the gang-motivated assault and for unlawful possession of a firearm with ammunition were within the available range, but because the co-offender's sentence was grossly and unjustifiably lenient the appellant's assault starting point was reduced for public policy reasons; applying the same mitigation discount the assault sentence was varied so that the appellant receives eight months on the assault charge to be served concurrently with the disorderly conduct sentence but cumulatively on the concurrent 18 months for the firearm offences, an…
8 Sept 2017

MOKA v NEW ZEALAND POLICE [2017] NZHC 2177

Citation

[2017] NZHC 2177
Court

High Court

The High Court held the sentencing Judge did not err: the offences were distinct in time and kind so cumulative sentencing was appropriate, the starting points were within range when viewed in context including antecedents and prior offending, the Judge considered totality, and the aggregate 14 month sentence was not manifestly excessive; therefore the appeal was dismissed.
12 Dec 2016

DODDS v THE QUEEN [2016] NZHC 3003

Citation

[2016] NZHC 3003
Court

High Court

The Court held the starting point for the 16 March motel burglary was appropriate but the starting point for the 28 March robbery was somewhat excessive; applying the totality principle the correct overall starting point was lower than that adopted below (assessed at five and a half years), the Judge's 25% discount for youth, rehabilitative efforts and FASD and a further 25% for guilty pleas were not plainly wrong, and on recalculation the aggregate sentence should be reduced so that the substituted sentence on the primary charges is three years and one month imprisonment.

New Zealand Case Law

TUKIWAHO v NEW ZEALAND POLICE [2023] NZHC 2395

APIATA v NEW ZEALAND POLICE [2021] NZHC 3224

MOKA v NEW ZEALAND POLICE [2017] NZHC 2177

DODDS v THE QUEEN [2016] NZHC 3003