New Zealand Case Law: Decisions & Judgments

Topic

Aggregate sentencing

Legal area

Court

1 Jun 2022

TE WHEORO v R [2022] NZHC 1234

Citation

[2022] NZHC 1234
Court

High Court

The appeal is dismissed because the sentencing Judge's selection of starting points and uplifts fell within the available range given the facts and aggravating features; the late-filed cultural report was inadmissible as fresh evidence and did not materially add to the pre-sentence material; the generous guilty plea discount largely offset any omission to address background mitigation; consequently the 27-month global sentence was not manifestly excessive.
29 Aug 2017

TEULILO v NEW ZEALAND POLICE [2017] NZHC 2072

Citation

[2017] NZHC 2072
Court

High Court

There was a demonstrable mathematical error in the District Court's aggregation of months; correcting the arithmetic (26 months before discount) and applying the six month guilty plea discount justified reducing the sentence to 20 months imprisonment; the sentencing judge's starting point and uplifts were otherwise appropriate and no additional discounts or home detention were warranted given the offending pattern, risk of reoffending and poor compliance with community sentences.
5 Dec 2011

VAN WAKEREN v R SC 113/2011

Citation

SC 113/2011
Court

Supreme Court

Leave to appeal was dismissed because the applicant raised no arguable question of principle and there was no appearance of substantial miscarriage of justice in the setting of the aggregate sentence or the total minimum term; the Court of Appeal had properly reviewed and, where necessary, adjusted the District Court sentences and the sentences were well merited.
17 Jul 2008

M V R SC 27/2008

Citation

SC 27/2008
Court

Supreme Court

Leave to appeal was dismissed because the Court of Appeal had already identified the trial court's error in admitting parts of the police statement, leaving no point of law requiring correction; the disputed unfairness issue was fact‑specific and not of public importance, there was no appearance of miscarriage of justice, and the sentence was not demonstrably excessive given the multiple representative convictions and the victim's youth.

New Zealand Case Law

TE WHEORO v R [2022] NZHC 1234

TEULILO v NEW ZEALAND POLICE [2017] NZHC 2072

VAN WAKEREN v R SC 113/2011

M V R SC 27/2008