New Zealand Case Law: Decisions & Judgments

Topic

Theft in a special relationship

Legal area

Court

2 Oct 2019

TREVOR JAMES LOCK v R [2019] NZCA 473

Citation

[2019] NZCA 473
Court

Court of Appeal

Although defence counsel failed to obtain written instructions and did not advise the appellant of potential sentencing benefit from guilty pleas to specified Serious Fraud Office charges, the Crown's documentary case and the appellant's admissions made the convictions inevitable and there was no real possibility that counsel's conduct affected the verdicts; sentence was adjusted by directing two SFO-related sentences to be concurrent with the lead sentences.
18 Jun 2018

CHAPMAN v R [2018] NZHC 1452

Citation

[2018] NZHC 1452
Court

High Court

The High Court held the sentencing Judge properly identified and weighed aggravating and mitigating factors, including the offender's motivation, and that a global starting point of five years' imprisonment was within the available range given the large quantum (~$707,737), 91 victims, sustained premeditated breach of trust over c.20 months and significant victim harm; after discounts for remorse, good character and guilty pleas the concurrent three year sentences and $10,000 reparation were not manifestly excessive, so the appeal was dismissed.
15 Apr 2016

LUONI v NEW ZEALAND POLICE [2016] NZHC 695

Citation

[2016] NZHC 695
Court

High Court

Appeal allowed: although the offending warranted a non-community sentence due to breach of trust, persistence and deception, the District Court erred in the quantum of discount for personal mitigation and in imposing an unrealistic reparation order; resultant end sentence was excessive and is reduced to eight months' home detention and reparation reduced to $9,000 (less $3,000 already paid).
15 Feb 2016

R v ROIGARD [2016] NZHC 166

Citation

[2016] NZHC 166
Court

High Court

The Court held s104 applied because the murder was committed to avoid detection of extensive thefts and was carried out with a high degree of callousness and breach of trust; those aggravating factors justified an uplift from the 17 year baseline to a 19 year minimum non‑parole period; life imprisonment imposed with parole eligibility after 19 years.

New Zealand Case Law

TREVOR JAMES LOCK v R [2019] NZCA 473

CHAPMAN v R [2018] NZHC 1452

LUONI v NEW ZEALAND POLICE [2016] NZHC 695

R v ROIGARD [2016] NZHC 166