New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Youth and brain maturation in risk assessment
  • 19 Dec 2017

    GRANT v R [2017] NZCA 614

    Citation
    [2017] NZCA 614
    Court
    Court of Appeal

    The Court admitted the independent psychological report as fresh evidence and held that, given the appellant's youth and the developmental evidence about brain maturation plus the availability of an ESO, a finite determinate sentence with targeted intervention could provide adequate protection; accordingly preventive detention was not justified and was quashed, replaced by a 12-year determinate sentence cumulative on the existing term with a six-year minimum on the lead disfiguring offence.

    • Preventive detention
    • Fresh evidence on appeal
    • Extended supervision order (eso)
    • Youth and brain maturation in risk assessment
    • Risk assessment and s88 reports
    • Disfiguring with intent to cause grievous bodily harm