New Zealand Case Law: Decisions & Judgments

Topic

Assault of a child

Legal area

Court

20 Jun 2022

LYNCH v NEW ZEALAND POLICE [2022] NZHC 1448

Citation

[2022] NZHC 1448
Court

High Court

The Judge's starting point of five to six months' imprisonment for a single open‑handed slap of an older child was excessive; an appropriate starting point was four months; after allowing substantial discounts (guilty plea and rehabilitative/totality considerations) the resulting sentence of two months' imprisonment converted to one month home detention cumulative on an existing sentence was within the available range and not manifestly excessive, therefore appeal dismissed.
15 Oct 2020

ROSS EASTON BARBER v NEW ZEALAND POLICE [2020] NZSC 111

Citation

[2020] NZSC 111
Court

Supreme Court

The application for an extension of time to seek leave to appeal is dismissed because it is out of time with no explanation and the proposed appeal does not meet the statutory criteria for leave or the test of exceptional circumstances for a direct appeal; the issues raised are fact-specific, lack public importance, and do not disclose a risk of miscarriage of justice.
31 Aug 2020

DIALLO v NEW ZEALAND POLICE [2020] NZHC 2233

Citation

[2020] NZHC 2233
Court

High Court

The High Court held the trial judge did not err: the EVI was properly admitted or its exclusion would have been disproportionate; earlier Family Court findings and the fact of prosecution did not vitiate the trial judge's independent assessment of the evidence; the judge reasonably preferred the child's account and correctly found the force used exceeded what was objectively reasonable for protection under s 59; the sentence was within range. Therefore the appeal against conviction and sentence was dismissed.
21 Aug 2020

R v NGAHERE [2020] NZHC 2133

Citation

[2020] NZHC 2133
Court

High Court

Adopted a starting point of 6 years 6 months for manslaughter, uplifted three months for the additional assault and threat charges to 6 years 9 months; applied total deductions of 35% (10% for personal factors encompassing youth, socio-economic deprivation and limited coping/mental health; 5% for remorse; 20% for guilty pleas) reducing the sentence to an end sentence of four years and five months' imprisonment; imposed concurrent sentences of three months (assault) and six months (threat) and declined to impose a minimum period of imprisonment beyond the statutory one-third because the offend…
21 Aug 2020

R v NGAHERE [2020] NZHC 2133

Citation

R v NGAHERE [2020] NZHC 2133
Court

High Court

Starting point for manslaughter set at six years and six months, uplifted three months for additional offences to a total starting point of six years and nine months; total deductions of 35% (10% personal factors, 5% remorse, 20% guilty plea) applied yielding an end sentence of four years and five months imprisonment for manslaughter; concurrent sentences of three months for assault and six months for threatening to kill; no MPI beyond Parole Act default one‑third imposed.

New Zealand Case Law

LYNCH v NEW ZEALAND POLICE [2022] NZHC 1448

ROSS EASTON BARBER v NEW ZEALAND POLICE [2020] NZSC 111

DIALLO v NEW ZEALAND POLICE [2020] NZHC 2233

R v NGAHERE [2020] NZHC 2133

R v NGAHERE [2020] NZHC 2133