New Zealand Case Law: Decisions & Judgments

Topic

Using a document

Legal area

Court

21 Jun 2018

R v SAMSON (SENTENCING REMARKS), [2018] NZHC 1500

Citation

[2018] NZHC 1500
Court

High Court

Judge fixed a starting point of 6.5 years for the lead aggravated robbery, uplifted for totality and prior convictions, allowed a 20% guilty plea discount and 5% remorse discount, imposed a final determinate sentence of six years seven months' imprisonment, and imposed a minimum period of imprisonment of three years three months to ensure accountability, deterrence and community protection; reparation was declined.
14 Jun 2018

CANDLER v NEW ZEALAND POLICE [2018] NZHC 1414

Citation

[2018] NZHC 1414
Court

High Court

The High Court held the overall 12 month imprisonment end sentence was not manifestly excessive. The court recalculated appropriate starting points (nine months for the driving offences uplifted one month because the second driving offence occurred on bail, plus cumulative three months each for the two low-level offending charges to a total starting point of 16 months), then allowed a full 25% discount for early guilty pleas, resulting in a 12 month sentence. The court found the District Court judge erred by not granting the guilty plea discount on the second driving charge but that the ultim…
22 Aug 2017

KEEN v R [2017] NZHC 2002

Citation

[2017] NZHC 2002
Court

High Court

The appeal was dismissed because there was no demonstrated material error in the original sentencing that warranted substitution; arithmetic and concurrency issues did not render the sentence manifestly excessive, and the court concluded the Parole Board and Corrections are the proper forum to manage placement into residential treatment rather than imposing an alternative sentence on appeal.

New Zealand Case Law

R v SAMSON (SENTENCING REMARKS), [2018] NZHC 1500

CANDLER v NEW ZEALAND POLICE [2018] NZHC 1414

KEEN v R [2017] NZHC 2002