New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Unlawful use of motor vehicle

  • 15 Dec 2021

    DAWSON v POLICE [2021] NZHC 3441

    Citation
    [2021] NZHC 3441
    Court
    High Court

    The High Court held the District Court's starting point and uplift were within permissible range, the uplift for the sentence breaches did not constitute impermissible double counting, the Judge properly considered mitigation and gave full credit for guilty pleas, and therefore the aggregate sentence of 15 months imprisonment was not manifestly excessive and the appeal was dismissed.

    • Unlawful use of motor vehicle
    • Breach of home detention/post-detention conditions
    • Starting point for sentence
    • Totality principle
    • Double counting
    • Mitigation/discounts

  • 23 Jul 2021

    RAYON MOHI WILLIAMS v R [2021] NZCA 333

    Citation
    [2021] NZCA 333
    Court
    Court of Appeal

    The Court fixed the starting point for the ACM van aggravated robbery at seven years (reduced from a previously higher starting point in light of authority), declined to increase the uplifts despite the reduced starting point, set combined starting points of 11 years for Williams and 10 years for Emery, allowed a 10% reduction for s27 background factors for each and an additional 5% for Williams' demonstrated rehabilitative efforts, resulting in effective sentences of nine years four months for Williams and nine years for Emery, with minimum periods of imprisonment of 50% (4 years 8 months an…

    • Aggravated robbery
    • Conspiracy to commit robbery
    • Unlawful use of motor vehicle
    • Minimum period of imprisonment
    • Mitigation under s27 sentencing act
    • Starting point and uplift analysis

  • 4 Sept 2020

    DAWSON v NEW ZEALAND POLICE [2020] NZHC 2296

    Citation
    [2020] NZHC 2296
    Court
    High Court

    The High Court held the sentence was not manifestly excessive: the global starting point of three years was within range given the planning, determination, entry to a rural residential property and the effort to access a firearm; discounts granted (approximately six months for guilty pleas and four months for cooperation) were appropriate and the judge correctly declined remorse credit; appeal dismissed and sentence of two years two months affirmed.

    • Burglary
    • Guilty plea discount
    • Credit for cooperation
    • Totality principle
    • Manifestly excessive test
    • Presenting firearm

  • 16 Jul 2020

    GEORGE v NZ POLICE [2020] NZHC 1725

    Citation
    [2020] NZHC 1725
    Court
    High Court

    The eight month uplift for driving while disqualified was excessive given the offences arose from the same actions and should have been no more than two months; the uplift for previous convictions was disproportionate and should be reduced from six to four months (25% uplift); the 10% discount for s27 personal factors was appropriately applied; result was to quash the 20 month sentence and substitute a 14 month imprisonment term for the lead offence.

    • Unlawful use of motor vehicle
    • Driving while disqualified
    • Wilful damage
    • S27 report (background factors)
    • Guilty plea discount
    • Totality principle

  • 2 Oct 2019

    WOODMASS v NEW ZEALAND POLICE [2019] NZHC 2503

    Citation
    [2019] NZHC 2503
    Court
    High Court

    The High Court allowed the appeal in part, holding the District Court erred in declining any youth discount; a 15% youth discount was appropriate despite findings of antisocial personality disorder, the burglary starting point was not out of range, and the substituted global sentence is one year and ten months' imprisonment after applying the youth discount and the guilty plea discount.

    • Driving while disqualified
    • Failing to stop
    • Unlawful use of motor vehicle
    • Burglary
    • Wilful damage
    • Theft under $500