New Zealand Case Law: Decisions & Judgments

Topic

Totality and concurrency

Legal area

Court

19 Oct 2023

R v NGAPERA [2023] NZHC 2931

Citation

[2023] NZHC 2931
Court

High Court

Court set starting point for conspiracy to injure at 2 years 9 months, uplifted by 12 months for attempting to pervert the course of justice to 3 years 9 months, then uplifted 3 months for relevant prior convictions to a 4 year starting point; applied a 20% total reduction (12.5% for guilty plea and 7.5% for personal circumstances/time on EM bail) to reach an effective concurrent sentence of 3 years 2 months imprisonment for each defendant.
7 Sept 2022

SCOTT v R [2022] NZHC 2274

Citation

[2022] NZHC 2274
Court

High Court

The High Court held the District Court did not err in adopting a four year starting point for the drug offending and a 12 month uplift for firearms; the Judge correctly applied Moses and Zhang, properly assessed s 27 factors and addiction, awarded 25% guilty plea discount plus a 20% allowance for personal factors and a modest 5% credit for good character, but the appellate court reduced the end sentence to two and a half years to reflect totality and be the least restrictive appropriate outcome.
4 Mar 2022

POPPEN v R [2022] NZHC 364

Citation

[2022] NZHC 364
Court

High Court

The appellant's offending falls within Zhang band two (5g–250g). Her role combined a leading street-dealer function for small quantities (8.95g) with limited facilitation of larger supplies (35g) for an upstream dealer; facilitation is less culpable than direct supply but still relevant. A reduced starting point of 3 years 6 months for methamphetamine was appropriate; a 6‑month uplift for the commercial-scale cannabis offending brought an overall starting point to 4 years. A 5‑month uplift for prior 2014 convictions was proportionate. Discounts for guilty pleas and personal factors were modes…
7 Dec 2021

R v RIHARI [2021] NZHC 3334

Citation

[2021] NZHC 3334
Court

High Court

The judge fixed separate starting points for historical and recent offending (7 years non-adjusted for lead historical rape uplifted to 13 years to reflect totality; 4 years for recent unlawful sexual connection), applied combined personal discounts of 25% (15% for advanced age/health, 10% for causal background deprivation), resulting in concurrent and cumulative sentences producing a global sentence of 12 years 9 months' imprisonment; no MPI was imposed because MPI cannot apply to pre-1993 offending and parole eligibility after one-third made an MPI redundant for the recent offence.
30 Sept 2021

SPENCE v R [2021] NZCA 499

Citation

[2021] NZCA 499
Court

Court of Appeal

Fresh psychiatric evidence may be admitted on appeal if cogent and materially adds to the material before the sentencing Judge; where a director's dishonesty under s138A caused large but not precisely quantified losses (here assessed between $500,000 and $1,000,000) through repeated phoenix transfers, the appropriate starting point must reflect statutory maximums and comparative authorities; mitigation based on medical/psychological evidence requires persuasive independent evidence and limited weight may be given to self‑reporting; applying those principles the Court reduced the global starti…
6 Aug 2021

R v LIEFTING-BULL [2021] NZHC 2028

Citation

[2021] NZHC 2028
Court

High Court

Starting point of 11 years' imprisonment for principal manufacturing and supply charges reduced by 20% for guilty plea and a further 25% for personal mitigation and rehabilitation (total 45%) yielding six years, less four months' EM bail credit, resulting in an overall sentence of five years and eight months' imprisonment; sentences on all counts to be concurrent; $5,170 forfeited; charge of participating in organised criminal group dismissed (no evidence).
8 Dec 2017

R v NICHOLAS [2017] NZHC 3043

Citation

[2017] NZHC 3043
Court

High Court

Adopted a 14-month starting point for the s307A threatening offence (reflecting premeditation, threat of violence and significant disruption), imposed a 4-month starting point for breach of release conditions and reflected that by a 2-month uplift to 16 months on a totality basis, then uplifted by 3 months to 19 months for prior convictions and repeated breaches; refused health-based mitigation due to ongoing public danger; applied maximum 25% guilty plea discount (rounded as five months) yielding a final concurrent sentence of 14 months' imprisonment; declined to order reparation given impec…
7 Jun 2017

R v TONY MATAKI-KAIARUNA [2017] NZHC 1288

Citation

[2017] NZHC 1288
Court

High Court

Court fixed an aggregate starting point reflecting all methamphetamine-related offending (effectively 10 years), then applied pre-determined discrete discounts: nine months for substantial volunteered information/remorse, three months for time on EM bail, and the full 25% early guilty plea discount; applying totality and ordering concurrency produced a final sentence of six years and nine months' imprisonment; fines of $5,779.89 were cancelled and no minimum period of imprisonment imposed.
26 May 2017

R v BLACKETT AND ORS [2017] NZHC 1120

Citation

[2017] NZHC 1120
Court

High Court

Court fixed starting points by relative culpability (Blackett highest as principal in execution-style attempted murder; Torrance higher than Jones due to leadership and sexual violation), uplifted those starting points for associated offending (kidnappings, assaults, sexual violation) and applied quantified discounts for guilty pleas and personal mitigation where credible; imposed a 50% minimum period given depravity and violence; resulting sentences reflect totality, with some offences concurrent and Torrance's sexual violation imposed cumulatively to avoid exceeding statutory maxima.
8 Dec 2016

WEBB v R [2016] NZHC 2966

Citation

[2016] NZHC 2966
Court

High Court

The High Court held the effective sentence of six years imprisonment was not manifestly excessive: the seven year starting point and most uplifts (for Hokitika production and Department of Internal Affairs offending) were within available discretion given the severity, production/facilitation and grooming conduct; the Customs uplift was an error but did not render the total sentence excessive; appeal dismissed and six year sentence affirmed.