New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Arms offences

Legal area

Court

8 Mar 2019

KALWYN GEORGE KERSHAW v NEW ZEALAND POLICE [2019] NZHC 379

Citation

[2019] NZHC 379
Court

High Court

The High Court found the offending fell at the lower end of band three under Nuku because of the combination of aggravating factors (weapon use, head wound, gang-related conduct). Applying analogy to Grimshaw-Jones, the correct starting point for the lead wounding offending is two years eight months, plus an appropriate uplift for prior convictions (assessed at six months) producing a three years two months starting point, reduced by 25% for the guilty plea to two years four-and-a-half months for the lead offences; with cumulative and concurrent sentences considered the total sentence imposed…
9 Jul 2018

MOORE v R [2018] NZHC 1677

Citation

[2018] NZHC 1677
Court

High Court

The starting point within Band 2 for methamphetamine manufacture was justified by the commercial nature of the operation; separate uplifts for other offending and extensive prior convictions were appropriate and not double counting; absence of medical evidence precluded a distinct discount for claimed ADHD; accordingly the end sentence of four years and ten months was not manifestly excessive and the appeal is dismissed.