New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Bail as aggravating factor

Legal area

Court

22 Mar 2022

GILLIES v R [2022] NZHC 534

Citation

[2022] NZHC 534
Court

High Court

The High Court held the sentencing Judge did not err in cancelling the disputed facts hearing and in treating offending while on bail as an aggravating factor, found no impermissible double counting of prior convictions, but concluded the Judge failed to apply an appropriate guilty plea discount to the two Napier charges; accordingly the appeal was allowed in part by quashing the Napier sentences and remitting them for re-sentencing while confirming the 12 month sentence and 12 month disqualification on the five aggravated careless driving charges.
11 Apr 2019

WANO v R [2019] NZHC 800

Citation

[2019] NZHC 800
Court

High Court

Court held the District Court's starting point for the 6 April 2018 cannabis supply offending was within range (2 years) and uplifts for methamphetamine possession and receiving stolen property were justified, but the uplift for the 23 August 2018 possession of pipes was excessive and should be reduced from three months to one month; the separate uplifts already accounted for the fact offending occurred on bail so an additional uplift for being on bail was double-counting; adjusting uplifts produced an end starting point of 33 months, and applying a 25% guilty plea discount reduced the senten…