New Zealand Case Law: Decisions & Judgments

Topic

Bail conditions and credit

Legal area

Court

20 Nov 2023

MANOAH v NEW ZEALAND POLICE [2023] NZHC 3279

Citation

[2023] NZHC 3279
Court

High Court

Correcting the starting point for the dwelling burglary to 18 months and applying a justified 30% uplift for extensive and relevant prior convictions, together with appropriate discounts (20% guilty plea, 5% rehabilitation, 15% personal background) and a three month credit for restrictive bail, yields an end sentence (26.5 months) from which the District Court's 26 month sentence is not manifestly excessive; accordingly the appeal is dismissed.
28 Oct 2021

R v MCFARLANE [2021] NZHC 2943

Citation

[2021] NZHC 2943
Court

High Court

Court adopted a 22 month starting point as fitting the less to moderately serious range for sustained, deliberate false statements to police that misdirected an investigation and caused another to be charged; allowed a nine month reduction (approx 40%) for lengthy restrictive bail and one month custody reducing the adjusted starting point to 13 months and, applying the least restrictive appropriate sentence and acknowledging time already served under restrictive conditions, imposed a non-custodial sentence of 12 months supervision with 150 hours community work and a special condition to atten…
9 Mar 2021

WANG v R [2021] NZHC 445

Citation

[2021] NZHC 445
Court

High Court

The appeal was dismissed because the High Court concluded the three‑year starting point was within the appropriate range given the scale of funds, the sophistication of the operation, and the appellant's role and knowledge; the end sentence of two years and three months was not manifestly excessive despite differing views about precise plea and bail credits, and home detention was inappropriate given seriousness and that the offending occurred while on release parole.

New Zealand Case Law

MANOAH v NEW ZEALAND POLICE [2023] NZHC 3279

R v MCFARLANE [2021] NZHC 2943

WANG v R [2021] NZHC 445