New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

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  • 24 May 2021

    PIHI HEI v R [2021] NZSC 48

    Citation
    [2021] NZSC 48
    Court
    Supreme Court

    The application for leave was dismissed because the Court concluded the evidence of Mr Cornes was admissible and relevant to consent and state of mind; the jury were properly told that no drugs were alleged and only alcohol was in issue; although the trial judge used 'character' as shorthand the judge also gave standard propensity directions which cured any potential prejudice; accordingly there was no miscarriage of justice and no question of general or public importance warranting leave under s74.

  • 21 Dec 2018

    HARRIS v R [2018] NZCA 632

    Citation
    [2018] NZCA 632
    Court
    Court of Appeal

    The Court allowed the appeal, quashed the prior sentence and undertook its own sentencing exercise: the offending against the youngest and repeatedly drugged complainant (J) was the lead offence with a starting point of four years uplifted by three years to reflect offending against other complainants (total starting point seven years); reduced three months for instrument forfeiture, reduced further by a 15% guilty plea discount and a 5% remorse discount, producing an end sentence of five years and four months' imprisonment, imposed by specified concurrent and cumulative component sentences.

  • 14 Oct 2016

    BLOWER v R [2016] NZHC 2449

    Citation
    [2016] NZHC 2449
    Court
    High Court

    The High Court allowed the appeal in part because fresh psychiatric material demonstrating a personality disorder linked to lifelong neurological impairment reduced overall culpability by about six months; however, the offending remained sufficiently serious that home detention remained inappropriate and imprisonment was required, so the two‑year sentence was quashed and replaced with 18 months imprisonment, with directions for psychological assessment and treatment in custody and on release.