New Zealand Case Law: Decisions & Judgments

Topic

Three strikes warning

Legal area

Court

24 Nov 2021

R v GARDNER [2021] NZHC 3174

Citation

[2021] NZHC 3174
Court

High Court

Starting point of five years' imprisonment was appropriate given three forceful blows to the head, age and physical advantage, and domestic setting; a four month uplift for prior relevant offending produced 5 years 4 months; a full 25% guilty plea discount reduced the indicated sentence to not more than four years; the court allowed a 12% discount for personal background and a further 7% for genuine remorse, resulting in an imposed sentence of three years' imprisonment; drug withdrawal was not accepted as mitigation per s9(3).
5 Nov 2021

R v LAWRENCE [2021] NZHC 2992

Citation

[2021] NZHC 2992
Court

High Court

Section 104(1)(g) was engaged because the victim was particularly vulnerable, but imposing the prescriptive 17 year MPI would be manifestly unjust given the offender's circumstances (caregiver burden, sleep deprivation, desire to end terminal suffering, low risk of reoffending). Accordingly the presumption in s102 was displaced and the Court imposed a finite sentence of six years six months imprisonment and declined to impose an MPI under s86.
12 Jul 2021

R v SUA [2021] NZHC 1723

Citation

[2021] NZHC 1723
Court

High Court

The Court found the offending was a premeditated group ambush involving weapons in a gang context with extreme and repeated violence causing death; applied Taueki band three guidance and comparable authorities to set starting points reflecting differing culpability: Jeremiah and Mariota as planners/instigators received higher starting points (15 years each after uplift for related wounding) with a 15% s27 discount yielding final terms of 13 years 2 months (Jeremiah) and 12 years 9 months (Mariota); Quentin, who joined after plan formation and had lesser culpability, received a 12-year startin…
28 Apr 2021

R v GALLAGHER [2021] NZHC 920

Citation

[2021] NZHC 920
Court

High Court

Given the premeditated close-range discharge of a low-calibre but live-capable pistol into an occupied dwelling with real risk to occupants, the appropriate starting point is two years six months; applying a 25% discount for an early guilty plea yields an end sentence of 23 months' imprisonment; the court entered conviction and imposed a first strike warning under the three strikes law and otherwise upheld the earlier sentence indication.
15 Dec 2020

R v BROWN [2020] NZHC 3320

Citation

[2020] NZHC 3320
Court

High Court

Preventive detention was imposed because the judge was satisfied the defendant poses a high and ongoing risk of committing further qualifying sexual offences given a clear pattern of serious historical offending against boys over many years, repeated penetrative offending against a 13 year old while subject to an extended supervision order, limited insight and minimisation, prior treatment failure, and the conclusion that a lengthy determinate sentence would not adequately protect the community; minimum period of imprisonment fixed at five years to meet community protection requirement.
12 May 2020

R v HAYDEN [2020] NZHC 966

Citation

[2020] NZHC 966
Court

High Court

Defendant was properly convicted as a party to manslaughter because his sustained encouragement, supply of alcohol, and active obstruction of a police intervention materially contributed to and facilitated the driver's prolonged, intoxicated, high-speed, evasive and ultimately fatal driving; his culpability, while less than the driver, was broadly comparable to precedent (R v Cossey) and warranted a starting point of 4.5 years' imprisonment, reduced by specified percentage discounts for remorse, personal mitigation, hardship and a full guilty-plea discount to an effective sentence of two year…
26 Jul 2019

R v STEWART [2019] NZHC 1797

Citation

[2019] NZHC 1797
Court

High Court

Starting from a seven year starting point for manslaughter based on multiple aggravating features, the judge applied a six month uplift for relevant prior driving-related convictions, then discounts totalling close to 40% for youth, vulnerability and genuine remorse (reducing to 4 years 8 months) and a further 25% for the guilty plea, resulting in a final term of three years and six months imprisonment; related driving offence sentences were ordered to be served concurrently; the defendant's vehicle was confiscated under s128 and the defendant disqualified from driving for five years under s1…
12 Jul 2019

R v TE TOMO [2019] NZHC 1624

Citation

R v TE TOMO [2019] NZHC 1624
Court

High Court

Applying R v Mako guidance the judge identified a 30-month custodial starting point, allowed sequential discounts (20% for early plea, 10% for strict bail conditions, 5% for rehabilitation) reducing the effective custodial term to around 20 months, and in light of substantial time already served and demonstrated rehabilitation imposed an 18-month intensive supervision order under s 54K with specified special conditions.
31 May 2019

R v BEAUMONT [2019] NZHC 1235

Citation

[2019] NZHC 1235
Court

High Court

Offending was Band 2 wounding with intent; starting point fixed at 6.5 years then uplifted to 7 years to account for additional charges; mental health mitigation warranted a one year reduction to 6 years; a 20% guilty plea discount applied to reach a final sentence of four years and ten months imprisonment. Mental health reduced need for deterrence but did not materially reduce moral culpability.
31 May 2019

R v GOSLING [2019] NZHC 1233

Citation

[2019] NZHC 1233
Court

High Court

Starting point for manslaughter by dangerous driving with alcohol was fixed at six years and three months imprisonment based on comparative authorities and high culpability from extreme speed and alcohol; uplift of three months for prior drink-driving convictions; reduction of eight months for mitigation (remorse, restorative engagement and s10(c)/(d) factors); a full 25% discount for an early guilty plea applied to yield a final custodial sentence of four years four months and two weeks; concurrent sentence on the related driving offence, two year driving disqualification, and order for spec…