New Zealand Case Law: Decisions & Judgments

Topic

Taueki guideline

Legal area

Court

11 Oct 2023

TAMATI v R [2023] NZHC 2846

Citation

[2023] NZHC 2846
Court

High Court

Given the presence of multiple aggravating features (extreme violence, multiple attackers, attacks to the head, vigilante gang element and serious injury) the offending was properly placed in Taueki band three adjusted for a 10 year maximum; a seven year starting point was within range; a 15% guilty plea discount was reasonable on the facts and timing; the resulting end sentence of four years and four months was not manifestly excessive, so the appeal is dismissed.
13 May 2021

MILLIGAN v R [2021] NZHC 1069

Citation

[2021] NZHC 1069
Court

High Court

The High Court concluded the Judge's starting point and uplifts were within the permissible range, the totality principle was applied, and the final sentence of 11 years' imprisonment was not manifestly excessive given the seriousness and discreteness of the multiple offences including GBH, multiple threats, an assault and an attempt to pervert the course of justice; therefore the appeal was dismissed.
4 Aug 2017

SETU v R [2017] NZHC 1839

Citation

[2017] NZHC 1839
Court

High Court

The High Court held the sentencing Judge did not err: after evaluative assessment of the aggravating features the offending fell within the higher end of Taueki band 2 and lower end of band 3, a 10 year starting point was within the available Taueki range and the imposed five year sentence was not manifestly excessive.
9 Jun 2017

R v WARU [2017] NZHC 1265

Citation

[2017] NZHC 1265
Court

High Court

Offending placed in Taueki band 2 due to premeditation, weapons, head targeting, multiple attackers, prison officer victims and significant harm; starting point fixed at 8.5 years, uplifted 2 years for the remaining offences and a further 6 months for the defendant's violent criminal history to 11 years, reduced by a 6 month credit for rehabilitative effort and a 25% guilty plea discount to yield an effective concurrent sentence of seven years and ten months, to be served cumulatively on the existing sentence and without a minimum period of imprisonment because the usual parole period is suff…
27 Apr 2016

R v BEAZLEY [2016] NZHC 811

Citation

[2016] NZHC 811
Court

High Court

The offender was fully accountable for the fatal wound because, after disarming his son, he had a choice but retained the weapon and inflicted an extreme penetrating chest wound; applying a Taueki analysis the offence fell into band 2 and warranted a six-year starting point which was reduced for remorse (20%) and further reduced by one year in recognition of the plea, yielding an effective sentence of four years' imprisonment; the murder charge was dismissed on Crown offer of no evidence.

New Zealand Case Law

TAMATI v R [2023] NZHC 2846

MILLIGAN v R [2021] NZHC 1069

SETU v R [2017] NZHC 1839

R v WARU [2017] NZHC 1265

R v BEAZLEY [2016] NZHC 811