New Zealand Case Law: Decisions & Judgments

Topic

Three strikes law

Legal area

Court

13 Oct 2020

R v ADLAM-KIRO [2020] NZHC 2679

Citation

[2020] NZHC 2679
Court

High Court

Starting point for manslaughter fixed at four years imprisonment based on comparative authorities and aggravating features (possession of a modified sawn-off shotgun and reckless handling causing death); applying personal discounts (10% youth/good character, 20% remorse/restorative justice, 25% guilty plea) totaling 55% reduced the notional custodial sentence to 20 months; because sentences were under 24 months and the defendant had no prior record, demonstrable remorse, restorative engagement, compliance with restrictive bail and a suitable supervised home, the court converted the custodial…
22 Mar 2019

R v KING [2019] NZHC 537

Citation

[2019] NZHC 537
Court

High Court

Court fixed a 10 year starting point for the sexual violation charge, applied a one year uplift (six months for prior convictions and six months for offending while subject to release conditions) producing a provisional 11 year term, applied a 25% guilty plea discount to reach a finite sentence of 8 years 3 months to be served concurrently on all counts, imposed a minimum period of imprisonment of two thirds (5 years 6 months), and declined to order preventive detention because the risk of reoffending was linked primarily to untreated substance abuse and not an entrenched pattern of serious s…
16 Oct 2018

R v BEERENS [2018] NZHC 2669

Citation

[2018] NZHC 2669
Court

High Court

An eight-year starting point for attempted murder was appropriate given premeditation, use of a weapon and a near-fatal single stab wound; after applying a 5% reduction for personal circumstances and a 20% reduction for a timely guilty plea, the appropriate sentence is six years' imprisonment; voluntary intoxication does not mitigate culpability and a judicial minimum period was unnecessary in the circumstances.
15 Aug 2018

R v TE KIRA [2018] NZHC 2086

Citation

[2018] NZHC 2086
Court

High Court

Preventive detention was imposed because the defendant demonstrated a long established pattern of serious sexual offending, significant and repeated aggravating features in the index offending, persistent categorical denial and lack of engagement with treatment, and expert assessments concluding a high likelihood of severe reoffending; a finite sentence, even served without parole under the three strikes regime, would not adequately protect the community, therefore preventive detention with a minimum period of imprisonment of nine years was required.
16 Feb 2017

R v HARRINGTON [2017] NZHC 170

Citation

[2017] NZHC 170
Court

High Court

Applying Taueki factors the judge set a starting point of seven years for the violent choking and subsequent assaults causing death, reduced for remorse (10%) and full guilty plea credit (25%) to reach an effective sentence of four years nine months' imprisonment, with no minimum period imposed.

New Zealand Case Law

R v ADLAM-KIRO [2020] NZHC 2679

R v KING [2019] NZHC 537

R v BEERENS [2018] NZHC 2669

R v TE KIRA [2018] NZHC 2086

R v HARRINGTON [2017] NZHC 170