New Zealand Case Law: Decisions & Judgments

Topic

Aggravated injury

Legal area

Court

3 Mar 2021

PUI v POLICE [2021] NZHC 352

Citation

[2021] NZHC 352
Court

High Court

The High Court held the Judge did not err: a three‑year starting point for the lead aggravated injury offending was not excessive given the offending involved a sustained attack on a police officer to facilitate flight and the offence carried a higher maximum penalty; treating the second assault as an aggravating factor/uplift was permissible; generous discounts yielded a 23‑month concurrent sentence which was not manifestly excessive, therefore the appeal is dismissed.
29 Jun 2018

PEARCE v R [2018] NZCA 228

Citation

[2018] NZCA 228
Court

Court of Appeal

The sentencing judge relied on an incorrect factual premise that Pearce struck the primary victim; because there was no evidence he delivered the blows to Officer Prasad his culpability was lower than the lead co-offender and the starting point should be reduced by one year (to nine years) with a one-year uplift for the separate offending, yielding a ten-year starting point; applying the 15% guilty plea discount correctly reduces the sentence to eight years six months; extension of time to appeal was granted because the sentence was founded on a factual error causing manifest excess.
18 Apr 2016

R v MARSH [2016] NZHC 747

Citation

[2016] NZHC 747
Court

High Court

Starting point fixed at 12 years for the most serious offending (Victim 4) due to premeditation, breach of trust, knife threat and severe strangulation; uplift of four years to reflect very serious additional offending against other victims producing a principal sentence of 16 years, reduced by a 15% youth discount to an end sentence of 13.5 years' imprisonment; minimum term imposed at 50% (6 years 9 months).

New Zealand Case Law

PUI v POLICE [2021] NZHC 352

PEARCE v R [2018] NZCA 228

R v MARSH [2016] NZHC 747