New Zealand Case Law: Decisions & Judgments

Topic

Taueki bands

Legal area

Court

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.
22 Dec 2022

GRAY v R [2022] NZCA 659

Citation

[2022] NZCA 659
Court

Court of Appeal

The Court held the Judge did not err: the victim's death and the severe, permanent brain injury were properly considered within the assessment of seriousness; the offending appropriately fell in Band 3 of Taueki given extreme violence, serious injury, vulnerability and breach of trust (and s 9A factors); and the starting point of 11.5 years (reduced to an effective 10.5 years with discounts and concurrency) was within the available range and not manifestly excessive. The appeal was dismissed.
1 Dec 2022

JOHN AITKEN v THE KING [2022] NZCA 593

Citation

[2022] NZCA 593
Court

Court of Appeal

The Court held the starting point of seven years was within the available range after proper adjustment for the statutory maximum given multiple significant aggravating factors including targeted head strikes, sustained unprovoked violence and vigilante motive; the global 35% discount for guilty plea, remorse, rehabilitation and restorative justice engagement was within the available range and the minor mathematical error reduced the sentence by 1.5 months; therefore there was no error warranting appellate intervention and the appeal was dismissed.
11 Jul 2022

STEHLIN v R [2022] NZHC 1619

Citation

[2022] NZHC 1619
Court

High Court

The Judge's placement of the offending at the upper end of Taueki Band 2 (starting point eight years) was within range given the use of a firearm and serious, life-long injuries; the cumulative discounts applied (including credit for youth, guilty plea, remorse, rehabilitation and EM bail) were substantial and, after standing back, the end sentence of two years five months imprisonment was not manifestly excessive; refusal to grant permanent name suppression was correct because the appellant failed to show extreme hardship or other statutory grounds for suppression.
11 Apr 2022

R v HAUSIA [2022] NZHC 752

Citation

[2022] NZHC 752
Court

High Court

Court fixed a 10 year starting point for attempted murder given band three aggravating features, uplifted by 21 months to reflect prior injuring and additional offences (total starting point 11 years 9 months), then applied combined mitigation of 45% (25% guilty plea, 5% cultural dislocation, 5% remorse, 10% prior good character) producing a final global sentence of six years and six months imprisonment; no minimum period under s86 was imposed and a protection order issued for the principal victim.
5 Oct 2020

HEKE v R [2020] NZHC 2602

Citation

[2020] NZHC 2602
Court

High Court

The sentencing Judge erred by applying the guilty plea discount separately rather than under the Moses methodology and by refusing any discount for s27 cultural/background factors despite credible linkage; applying combined discounts (youth, s27, guilty pleas, EM bail, rehabilitation) led to a substituted sentence of three years and ten months' imprisonment (46 months).
5 Apr 2019

BARLOW v R [2019] NZHC 725

Citation

[2019] NZHC 725
Court

High Court

In exceptional cases that call for mercy the sentencing judge may apply the guilty plea discount cumulatively with other s9 discounts to achieve the correct sentence and enable appropriate non‑custodial outcomes; applying that discretion here justified substituting the sentence to 2 years imprisonment and permitting application for home detention.
27 Apr 2018

SETU v R [2018] NZCA 127

Citation

[2018] NZCA 127
Court

Court of Appeal

Extension of time was granted but leave to appeal was declined because there was insufficient empirical evidence of systemic sentence drift to justify revisiting the Taueki guideline decision; guideline bands remain persuasive guidance applied flexibly in sentencing and consistency does not displace sentencing discretion; no miscarriage of justice shown.
15 Dec 2015

R v WALKER [2015] NZHC 3214

Citation

[2015] NZHC 3214
Court

High Court

Applying Taueki by analogy the offending fell squarely in band three due to frenzied repeated stabbing with a knife, serious life-threatening injuries and planning to lure the victim; starting point set at 10 years, uplifted six months for extensive prior violent convictions, reduced by 10% for the offender's psychological condition (not for remorse), and a minimum period imposed because of premeditation, lack of genuine remorse, high risk of reoffending and need for denunciation and protection, resulting in a global sentence of 9 years 6 months with a minimum of 4 years 9 months imprisonment.